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HomeMy WebLinkAbout1983 04-12 CC MINBook 63 Page 54 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 12, 1983 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, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Benzing, Campbell, Gerschler, McCabe, 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 City Manager McCabe. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalla, the minutes of the regular meeting of April 5, 1983 be approved. Carried by unanimous vote. PROCLAMATIONS The Mayor's proposed Proclamation honoring "OLIVEWOOD WOMEN'S CLUB, the FRIDAY CLUB, and the LARUIDA EVENING GROUP OF OLIVEWOOD, in conjunction with the 25th Birthday of the California Federation of Women's Clubs - Southern District" was read by title. Moved by Camacho, seconded by Van Deventer, in favor of this Proclamation. Carried by unanimous vote. MAYOR'S APPOINTMENTS The Mayor's proposed appointment of Michael R. Dalla as Vice Mayor was presented. Moved by Camacho, seconded by Van Deventer, in favor of this appointment. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla. PUBLIC ORAL COMMUNICATIONS BECKY RAMIREZ, 7 N. Clairemont (representing National City Mothers for Pony League), was present and requested some type of security during the evening games; they have had some problems recently and feel there will be further problems in the future; perhaps they could get some type of security from the Police Dept. Mrs. Ramirez was advised to meet with the Chief of Police. SAMUEL KING, 826 Olive St., was present and asked what is being done about the flooding on Olive St. City Manager McCabe replied the City Engineer, Public Works Director and Building Staff are looking into the problem; they will report to Council with their findings and recommendations. PUBLIC HEARINGS The PUBLIC HEARING on APPEAL of Planning Commission DENIAL of APPLICATION for ZONE VARIANCE to ALLOW DIVISION of PROPERTY at 415 and 417 East 26th St., Case File No. Z-2-83, Applicant: T. Andris Ozols (... involves the proposed division of a single parcel of land containing 6,300 sq. ft. into 2 equally sized lots, each to contain a lot area of 3,150 sq. ft., and a street frontage of 45 ft.; two detached, single-family dwellings with attached garage, constructed in 1957, presently exist on site; the division of property, as proposed, requires zone variance to allow reduction in required lot area from 5,000 sq. ft. to 3,150 sq. ft., reduction in required lot frontage from 50 ft. to 45 ft., and reduction in required side yard setback from 5 ft. to 3 ft.; the Planning Commission denied this application for the reason that the existing use on this property is classified as lawful non -conforming, and to allow the division of property, as requested, would compound the 4/12/83 Book 63 Page 55 extent of non -conformity; staff concurs with the Planning Commission's denial of this application) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler said the Planning Commission denied this on the grounds that the required showing for approval of variances was not made. ANDRIS OZOLS, 7091 Wattle Dr., San Diego, was present and said he understood that what he needed to show was that other people in the area are enjoying a privilege that denial would deprive him of; there are existing property owners who currently have lots that would be called sub -standard lots; other than an imaginary line causing two pwople to own the lot instead of one, there is no change; he has spoken to the neighbors on each side of the property and they would like to see the lot split and sold; it would improve the neighborhood; there is already a mix of rentals and single-family residences in this area; he has tried to maintain the property, but he is moving to L.A. and it will be difficult; one of the houses on the property was being used as a drop for illegal aliens; he was unaware of this until he was contacted by the Border Patrol; it would be better to split this lot and sell the houses as two individual, single-family dwellings. Discussion. MRS. WEBER, 405 E. 26th St., was present and said she has lived there since 1957; there has never been an owner living on the property in question, so the landlord never sees what goes on; she too was contacted by the Border Patrol re the house being used as a drop for illegal aliens; there are 15 or 16 people living in one of the houses; all of the other houses in the area are privately owned. Further discussion. No one else was present to speak in this regard. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed, the appeal be denied, and the Planning Commission's action be upheld. Carried by unanimous vote. The PUBLIC HEARING on RESOLUTION OF INTENTION NO. 13,984, DISTRICT NO. 217, Lanoitan Avenue, 13th to 16th (Staff recommends the hearing be conducted, all protests be denied or overruled, and the hearing closed) was held at this time. The City Clerk reported the Certificate of Publication and Affidavits of Mailing and Posting were on file, and two protests were received; the first protest was from Mrs. Darlene Stone, 1434 Lanoitan (See Document No. 68649), who is in favor of the improvements, but cannot pay the cost; the second protest was from Robert E. Coniff, 1310 Lanoitan (See Document No. 68650), who protested because he planned to hire a contractor to do his portion of the work. Discussion. ROBERT ONLEY, Engineering Staff Assistant, was present and displayed a map showing the proposed improvement area, saying some areas will be paved, some will have sidewalks installed, and some will participate in the wheelchair ramps at both ends; the estimated construction costs were $38,301, incidental expenses were $10,383, total construction costs were $48,684, City Contribution is $2,952, total assessed is $45,732; protests represent less than 12%. Discussion. Mr. Onley continued, Mrs. Stone is not protesting the work; Mr. Coniff has constructed his curb, gutter and sidewalk, but wants to hire a contractor to put in the paving as a temporary measure. MRS. CONIFF, 1310 Lanoitan, was present and said her objection is to the cost; many of the property owners in this area are retired; they have had 3 _ estimates on the work Mr. Onley refers to and they are all between $300 and $800; a year ago she was told by the City Engineer (employee Fred Baker) that she could get a permit and have the work done according to City standards; now she is told if they have the work done, it will be ripped out; it is just a small strip and shouldn't cost $3,900. Mr. Onley said the City will remove temporary paving and put in permanent paving. Further discussion. JAVIER ARBALLO, 1318 Lanoitan, was present and said he was there on behalf of his parents; he is a neighbor of the Coniffs; the pavement that needs to be done is not really that much and a private contractor would do it for half as much; his parents are retired and cannot afford the assessment. Discussion. It was said if the property owners know a contractor who can do the job cheaper, they 4/12/83 Book 63 Page 56 should have him submit a bid to the City. BOB CONIFF, 1310 Lanoitan, was present and said at the last meeting there was almost no one who wanted the work done. Mr. Onley said there was 37% protest at the non - formal hearing. City Attorney McLean said we have only 12% protest tonight. Further discussion. Mr. Onley said 60% of the property owners signed a petition in favor of these improvements. Mr. Onley read Sections of the Streets and Highways Code relating to protests and the City Clerk read a portion of the Notice mailed to everyone in the District describing how protests were to be filed. LUIS NUNEZ, 1304 Lanoitan, was present and inquired if his assessment of $1,151 is just for sidewalks; he already has curb and gutter. Mr. Onley replied his assessment is to cover his sidewalk, a portion of the wheelchair ramps, and his share of the incidental expenses. Mr. Nunez said he thinks he can get a better price. Further discussion. No one else was present to speak in this regard. Moved by Camacho, seconded by Waters, the Public Hearing be closed and the project ordered to be done. Discussion. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Resolution No. 14,015, "RESOLUTION COMMENDING A CITIZEN FOR ASSISTING IN THE APPREHENSION OF A CRIMINAL SUSPECT." was read in full. Moved by Camacho, seconded by Van Deventer, Resolution No. 14,015 be adopted. Carried by unanimous vote. Mayor Morgan presented Mr. Christopher Taylor with a Key to the City and thanked him for his courageous act. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 40, dated April 5, 1983, in the amount of $43,173.37 (Warrants Nos. 79549 through 79607 [void 79548]) and CERTIFICATION of PAYROLL for the period ending March 31, 1983, in the amount of $241,821.75 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 Engineer's request for APPROVAL to SUBSTITUTE two SUBCONTRACTORS for construction of FIRE STATION NO. 3, Specification No. 927 (The general contractor, E. F. Couvrette.Co., Inc., has requested permission to substitute two subcontractors for two listed subs; they are: J. M. Manry Roofing for E. A. Brown Roofing and Jerry Foster Plumbing for Ortiz Plumbing; Ortiz Plumbing has been insolvent and cannot perform, and A. E. Brown Roofing has refused to enter the form of subcontract used by the E. F. Couvrette Co.; both listed subcontractors were notified of the requested substitution) was presented. City Engineer Benzing reported A. E. Brown has since signed the subcontract; they are requesting approval of the substitution of the plumbing subcontractor only. Discussion. Moved by Van Deventer, seconded by Camacho, in favor of the City Engineer's request. Carried by unanimous vote. The request of PEOPLE'S BANK for USE of a FACTORY BUILT OFFICE STRUCTURE at 1302 Plaza Blvd. from April 12, 1983 to April 12, 1984 (... the structure which is assembled at the site will be used to house the bank until such time that a permanent building can be constructed; all applicable permits shall be required prior to occupancy; Planning, Fire, Finance, Police and Building & Safety Departments have reviewed and approved this request subject to the following conditions: Provide 2A:10BC fire extinguishers upon occupancy; structure shall be constructed per approved plans) was presented. Moved by Van Deventer, seconded by Camacho, in favor of this request. Discussion. Carried by unanimous vote. 4/12/83 Book 63 Page 57 The Director, Public Works' request for USE of UTILITIES UNDERRUNS to FINANCE needed MAINTENANCE PROJECTS (The estimated cost of gas and electric for FY 83 was based on consumption remaining rather steady, with an increase in unit cost compatible with prior years; although actual consumption has been almost exactly as estimated, the price increases projected did not materialize; accordingly, funds in the amount of $30,000 budgeted for gas and electric will not be required for that purpose and are available for other use; during FY 83 budget hearings, the Finance Committee indicated that where a significant amount of funds was not to be used for its budgeted purpose, Council would be given an opportunity to approve alternate expenditures; funding constraints in the past several years have made it necessary to defer a number of critically needed maintenance projects whose further deferral could cause serious impact on City services; it is strongly recommended that the funds projected to be available in the gas and electric services account be transferred to the Repair and Maintenance of Buildings and Structures account; this procedure will permit reductions in what would otherwise be required in the FY 84 budget; staff recommends Council approve use of projected utility underrun in the amount of $30,000 to finance maintenance projects) was presented. Moved by Van Deventer, seconded by Camacho, in favor of this request. Carried by unanimous vote. The request of NATIONAL CITY NATIONAL LITTLE LEAGUE to serve ALCOHOLIC BEVERAGES (The National City National Little League has requested use of the Kimball Community Bldg. facilities to hold its annual fund raising dance on May 7, 1983, approximately 150 adults expected to attend; the Little League is requesting Council approval to serve alcoholic beverages at their dance; City rental policy requires that the following be done when alcoholic beverages are to be served: Applicant shall obtain a use permit from the Dept. of Alcoholic Beverage Control, a copy to be filed with Public Works prior to the event; Certificate of Insurance [personal liability and property damage in the amounts of $100,000 for a single occurrence and $300,000 for multiple occurrences] naming the City as co-insured shall be submitted; security arrangements shall be approved by the Chief of Police; staff recommends approval subject to the three requirements mentioned above) was presented. Moved by Waters, seconded by Van Deventer, in favor of this request. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The request of National City Transit for DEFERRAL of ACTION to DISCONTINUE contracting for ROUTE 32 until July 1, 1983 (San Diego Transit has requested staff to recommend that Council defer a decision on the elimination of Route 32 until July 1, 1983; a decision to discontinue by that date would allow service to be stopped on September 1, 1983; staff has considered the request and in the interest of regional cooperation and the cost estimates for FY 84 for Routes 29 and 32 received last Tuesday, staff considers the request reasonable; National City staff will continue to study the issue and look at alternatives; it is planned that staff will return to Council with a recommendation in late June) was presented. Moved by Camacho, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. The application for ON -SALE BEER and WINE LICENSE, TYPE 41, PERSON TRANSFER of Cecilio Lugo, dba THE GALLERY PUERTO RICAN RESTAURANT, 543 Highland Ave. (Police, Planning and Building Departments state no objection) was presented. Moved by Van Deventer, seconded by Camacho, this application be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. 4/12/83 Book 63 Page 58 The CLAIM for DAMAGES of PRINCE BARRON arising from an incident on January 11, 1983, and filed with the City Clerk on April 6, 1983 was presented. Moved by Dalla, seconded by Camacho, this claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No reports. MAYOR Mayor Morgan spoke of the golf course, saying it needs to be cleaned up before the Maytime Golf Tournament. City Manager McCabe said we have been working with the Golf Course Manager; we need a new design in the drain area and we need to clean out the spillway. Moved by Morgan, seconded by Camacho, we go out there and help clean up the golf course. City Manager McCabe said he asked the City Engineer to look at the upstream area; the channel widens every time it rains. Carried by unanimous vote. CITY COUNCIL Councilman Van Deventer spoke of the proposed street lights on 'A' Ave. at 22nd, 24th, 28th and 30th. Moved by Camacho, seconded by Van Deventer, street lights be installed at these intersections. Carried by unanimous vote. Councilman Waters reported he had received a letter from Governor Deukmajian re SB899 which would regulate adult entertainment on cable TV, and asked if it is possible to fine TV stations for showing certain explicit acts. Councilman Camacho described the condition of public restrooms in the park as deplorable and asked what could be done about it. City Manager McCabe said he would work on it. ADJOURNMENT Moved by Camacho, seconded by Van Deventer, the meeting be adjourned to 4:00 p.m., April 19, 1983. Carried by unanimous vote. The meeting closed at 8:33 p.m. The foregoing minutes were approved at the regular meeting of the City Council on April 19, 1983. Corrections ,/ No Corrections CITY OF NATIONAL CITY, CALIFORNIA 4/12/83