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HomeMy WebLinkAbout1983 12-06 CC MINBook 64 Page 1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 6, 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: Benzing, Bolint, Campbell, McCabe, McLean, Acting Planning Director Post. 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 Vice Mayor Dalla requested an addition to Para. 1, Page 222 of the minutes of the regular meeting of November 22, 1983 as follows: "Vice Mayor Dalla said he could not vote to use planters to close the street because there would be no room for turn -around." Moved by Van Deventer, seconded by Waters, the minutes be approved with this addition. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS EDWARD BODGE, 1315 E. First St., was present and spoke re the proposed regulations for trash and garbage, saying the enforcement start should be sooner than three years. Mr. Bodge displayed pictures of overflowing trash cans in his neighborhood and suggested "no parking" for a few hours in various areas so the sweeper could do a good job. VINCENT DE LUCIA, 1930 Granger Ave., was present and spoke of his letter to the Council which he mailed on November 7. Mr. DeLucia spoke of the easement and Resolution No. 7,225, dated May 20, 1958; the important part of it is that the City is required to maintain the drainage system that was installed in 1959, diverting (by eminent domain) the water from Paradise Creek drainage section into Sweetwater Valley. Mr. DeLucia outlined the history of the project (See Verbatim Extract Document No. 69690) and spoke of changes to it, the effects of development in San Diego which have intruded into the system, the heavy rains experienced over the years and the resulting damage to his property (a dam formed by silt). Mr. DeLucia said his letter gave the City the right to come onto his property to reverse the damage to his property. Mr. DeLucia referred to and gave twelve photographs to the City Clerk, along with a drawing showing the topography of his property. Mayor Morgan and the City Manager advised Mr. DeLucia that City crews would start work as soon as the City Engineer received and reviewed the details of a report being prepared by an outside engineer, Mr. Biggs. Mr. DeLucia urged Council to take immediate action, rains were forecast for the end of the week, and the property could not take as much as V of rain. Mayor Morgan said he would like to call a meeting of the Golf Committee (Mayor, Councilman Camacho, City Manager and City Attorney). Vice Mayor Dalla said the Golf Committee was originally formed to work with Mr. Jackson; since Mr. Jackson is no longer around, he would like some indication of intentions. Councilman Waters requested an Executive Session at the end of the Agenda. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. 12/6/83 Book 64 Page 2 Resolution No. 14,187, "RESOLUTION ADOPTING THE TOTAL POPULATION AND OCCUPIED HOUSING UNIT FIGURES IN THE SANDAG 6 REGIONAL GROWTH FORECASTS." Discussion. RICK ALEXANDER, SANDAG, was present to answer Council's questions. Further discussion. Moved by Waters, seconded by Camacho, Resolution No. 14,187 be adopted for planning purposes and the State's population figures be used for all other purposes. Carried by unanimous vote. Resolution No. 14,188, "RESOLUTION AUTHORIZING EXECUTION OF ANA WART BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA//FF USE OF C}IIJLA VISTA'S POUND FACILITIES AND SERVICES." Moved by Camacho, seconded by Van Deventer, Resolution No. 14,188 be adopted. Discussion. Carried by unanimous vote. Resolution No, 14,189, "RESOLUTION RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 8, 1983, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW (WHEREAS a special municipal election was held and conducted in the City of National City, California, on November 8, 1983, as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, pursuant to Resolution No. 14,119 adopted August 9, 1983, the Registrar of Voters in and for the County of San Diego canvassed the returns of said election and has received, attached and made a part hereof as "Exhibit A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That there were 20 voting precincts established for the purpose of holding said election consisting of consolidations of the regular election precincts in said City as established for the holding of state and county elections. SECTION 2. That at said special municipal election, the following measure was submitted to the electors of said City, to wit: Shall the City Council change its • present residential street lighting YES policy to provide one residential • street light every 300 feet and additional street lights as the Council determines for special conditions, and assess the increased NO cost of residential street lighting : upon all property owners in National City? SECTION 3. That the whole number of votes cast in said City (except absent voter ballots) was 2,526. 12/6/83 Book 64 Page 3 That the whole number of absent voter ballots cast in said City was 138, making a total of 2,664 votes cast in said City. That the number of votes given at each precinct and the number of votes given in the City for and against the measure were as listed in "Exhibit A" attached. That as a result of said election, a majority of the qualified voters voting on said measure relating to National City's street light assessment proposition did vote said proposition. SECTION 4. The City Clerk shall enter on the :�cc;r;?s of said City a statement of the result of said (2c-' on, showing: (1) The whole number of votes cast in the City; (2) The measure voted upon; (3) The number of votes given at each precinct for and against the measure; (4) The number of votes given in the City for and against the measure. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED this 6th day of December, 1983. ATTEST: s/Ione Campbell s/Kile Morgan CITY CLERK MAYOR Moved by Van Deventer, seconded by Waters, Resolution No. 14,189 be adopted. Carried by unanimous vote. Resolution No. 14,190, "RESOLUTION OF AWARD OF CONTRACT (Tree Removal and Curb, Gutter and Sidewalk Replacement at Various Locations, Specification No. 935)." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,190 be adopted. Carried by unanimous vote. Resolution No. 14,191, "RESOLUTION ENCOURAGING THE COUNTY OF SAN DIEGO TO REJOIN SANDAG." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,191 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Resolution No. 14,192, "RESOLUTION GRANTING CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A HEALTH SPA AND BODY-BUILDING STUDIO ON PROPERTY LOCATED AT 8 NORTH EUCLID AVENUE, SUITE B (CUP-1983-13 - Donald Williams)." Moved by Waters, seconded by Van Deventer, Resolution No. 14,192 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,193, "RESOLUTION APPROVING IN PRINCIPLE A SETTLEMENT AGREEMENT" was read in full. Discussion. Moved by Camacho, seconded by Van Deventer, Resolution No. 14,193 be adopted. Carried by unanimous vote. 12/6/8 3 Exhibit ' C CERTIFICATE STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) Book 64 Page 4 I. RAY J. ORTIZ. Registrar of Voters of the County of San Diego, do hereby certify that I have conducted the official canvass of the returns from the Consolidated Municipal and District General Election held on November 8. 1983. and that the following is a statement of the result showing the total number of ballots cast; the total number of votes cast for each candidate; and the total number of votes cast for and against each measure. Witness my hand and official seal this 21st day of November, 1983. STATEMENT OF VOTES CAST 2%fiadi RAY J. ORTIZ Registrar of Voters MUNICIPAL & DISTRICT GENERAL ELECTIONS OF SAN DIEGO COUNTY TUESDAY NOVEMBER 8, 1983 CITY OF NATIONAL CITY PROP K — STREET LIGHT ASSESSMENT 8 \ L R \ T E \ S 0 \ C V \ A T \ Y S R \ E N T S \ S 0 1491 NATIONAL 51570 121 540 33 75 1492 NATIONAL 51580 172 912 45 115 1493 NATIONAL 51590 110 953 29 76 1494 NATIONAL 51600 190 941 67 113 1495 NATIONAL 51620 151 739 39 106 1496 NATIONAL 51650 166 724 25 132 1497 NATIONAL 51660 98 611 23 69 1498 NATIONAL 51670 133 673 28 102 1499 NATIONAL 51710 214 931 49 157 1300 NATIONAL 51720 129 631 51 69 1501 NATIONAL 51740 103 490 25 73 1502 NATIONAL 51760 157 628 53 88 1503 NATIONAL 51780 109 811 33 70 1504 NATIONAL 51800 137 750 25 107 1505 NATIONAL 518201 112 443 27 82 1506 NATIONAL 51830 165 899 39 123 1507 NATIONAL 51860 90 625 26 54 1508 NATIONAL 51862 9 117 3 6 1509 NATIONAL 51880 117 649 38 75 1510 NATIONAL 51882 43 250 8 34 1010 4,1153ENTEE 70131 07 1, 63 1811 ABSENTEE 70132 16 1 11 1703 AD3ENTEE 00132 33 116 7 26 CITY NATIONAL CITY 2.664 13.433 689 1.B26 VOTING PREC 2.526 13.317 666 1.726 ABSENTEE PREC 35 116 7 26 MAIL IN PREC 103 16 74 Book 64 Page 5 ORDINANCES FOR INTRODUCTION (FIRST READING) Moved by Van Deventer, seconded by Camacho, the Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 12/6/83-1, "Ordinance of the City of National City regulating garage sales." Ordinance No. 12/6/83-2, "Ordinance amending the National City Municipal Code to provide for Council briefing sessions." ORDINANCE FOR ADOPTION Mo.v d by Van Deventer, seconded by Camacho, the Ordinance be presented by : ;:le only. Carried by unanimous vote. Orc� "-.o. 1807 (12/6/84-4), "ORDINANCE TO AMEND CHAPTER 4.24 OF THE NA"s .:'TY MUNICIPAL CODE IMPOSING A SALES AND USE TAX TO BE ADr'JNISIERED BY THE STATE BOARD OF EQUALIZATION AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1807 (42/4/83-a) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 22, dated November 29, 1983, in the amount of $207,149.73 (Warrants Nos. 82008 through 82072 [voided 82008, 82012, 82016, 82023 and 82036]) 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 CLAIM FOR DAMAGES of Marla B. Marshall, arising from an accident on November 7, 1983, and filed with the City Clerk on November 27, 1983 was presented. Moved by Camacho, seconded by Dalla, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of Clarence T. Stahl, arising from an incident on November 4, 1983, and filed with the City Clerk on November 18, 1983 was presented. Moved by Camacho, seconded by Dalla, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of Freddie A. Buchanan, arising from an incident on October 7, 1983, and filed with the City Clerk on November 21, 1983 was presented. Moved by Camacho, seconded by Dalla, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM from Allstate Insurance Co., as subrogee for Severo Martinez, alleging water damage to the Martinez home on March 2, 1983, and filed with the City Clerk on November 30, 1983 was presented. Moved by Camacho, seconded by Dalla, this be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIMS FOR DAMAGES of Ana Lopez and Sandra Lopez, arising from an incident on May 24, 1983, and filed with the City Clerk on November 18, 1983 were presented. Moved by Waters, seconded by Van Deventer, these claims be denied for reason of late filing. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 50-83 APPROVING ZONE VARIANCE to ALLOW INSTALLATION of a 6-FOOT HIGH DECORATIVE MASONRY IRON FENCE within required front yard setback at 125 Palm Ave., Z-13-83 (The Apostolic Assembly Church of National City proposes to construct a 6' high 12/6/83 Book 64 Page 6 decorative wrought iron fence, 524' in length along the front property line [Palm Ave. frontage] of their property; each access driveway will have two 6' high, 12' wide wrought iron gates; gates will be located 12' back from the property line to eliminate encroachment into or over the public right-of-way when open; pedestrian access gates will open inward onto the property; project site is triangular in shape and consists of about 1.27 acres; Specific Plan requires a 25' setback along the East side of Palm Ave., between 4th & Division Streets; by code, any fence or wall located within the area of required setback is limited to a maximum height of 4'; the church is located on the East side of Palm Ave., immediately North of and abutting the National Guard Armory; I-805 borders this site on the East, and Palm Ave. to the West; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 51-83, DENYING APPLICATION for CONDITIONAL USE PERMIT to ALLOW a SELF-SERVICE CAR WASH at 2944 East 8th St., CUP-1983-14 (applicant proposes to develop a four bay, 1,360 sq. ft. self-service car wash in conjunction with a 3,000 sq. ft. commercial building on a 29,200 sq. ft. lot, with a combined general plan and zoning designation of CG-PD; land uses adjacent to the s'te include a fast food restaurant to the East and single-family residences to the North, South and West; topography on the site slopes from 6% to 20% down hill to the South; proposed grading on site will require approximately 3,000 cubic yards of fill increasing the slope to the rear of the property to a minimum of 2:1; drainage structures for paved areas and slope will be provided; adjoining residential development to the South is lower than the proposed finish grades of the property, causing a potential for water run off into that area, lack of privacy, and exposure to noise associated with the use; since the homes to the South are on property zoned RS-2, permanent screening from adjoining commercial uses, such as by a wall or suitable landscaping is required by code; the NCPD has recommended that the sides and rear of the property be screened with a block wall to reduce noise problems associated with the proposed use and to protect the adjacent residential dwellings; this is required by Code; staff concurs with the Planning Commission's denial) was presented. Ordered filed by unanimous vote. The recommendations of the STREET TREE AND PARKWAY COMMITTEE from their meeting of November 17, 1983 (The following street tree removals: Paradise Motel, 1470 National City Blvd., owner requested removal of six palms due to their height; Street Tree Committee recommends removal of all six and replacing with four brisbane box trees; property owner to pay $32.50 for each replacement; these trees can be removed and replaced through the Downtown Redevelopment Program contract just awarded by Community Development; the trees are within the project area) was presented. ov,,d by Van Deventer, seconded by Camacho, in favor of recommendation. Carried by unanimous vote. The request of the SWIM CLUB to PAINT the SNACK BAR at the POOL (The Swim Club has agreed to buy the paint, provide the labor, and repaint as necessary at no cost to the City; colors are red, white and blue) was presented. Moved by Waters, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. CITY MANAGER City Manager McCabe introduced the new Personnel Manager, Richard Schulman, who was present in the audience. CITY ATTORNEY - No report. OTHER STAFF - No reports. e ( t —Q I ey/3/83 12/6/83 Book 64 Page 7 MAYOR Mayor Morgan requested that the City Clerk read into the record his letter to the City Manager: December 2, 1983 MEMO TO: City Manager FRCM: Mayor Morgan RE: Office Security "A recording machine was put on my phone and when I discovered it, I asked you to remove it and you took it off that same day. I think as Mayor, I am entitled to some privacy. "Some time ago, I had the lock to my office changed and I retained a key and gave the other two to my secretary and the custodian. Approximately a year ago or possibly a little longer, there was a locksmith working on the back door and when he was through, I found to my surprise that my 'private' office key would now open the back door also. "I would like for you for furnish me with the name of the company that I saw working on the lock at the back door on the second floor so that I can have a talk with the man about the keys that were made from that visit. I would appreciate this information as soon as possible. (s) KILE MORGAN Mayor" Mayor Morgan's letter regarding a request from the Superintendent of the National School District that the City install a loading zone directly in front of St. Mary's school on 'D' Ave., South of 12th St.; yellow curbing should be of sufficient length to accommodate busses that will be loading and unloading school children at that location, was presented. Moved by Waters, seconded by Camacho, in favor of this request. Carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: None. Abstaining: Dalla, Van Deventer. CITY COUNCIL Vice Mayor Dalla said he wanted to clarify one thing in the Mayor's letter; Was that the recording machine for the Attorney? Was it the same one that Lanier demonstrated? Mayor Morgan said he knew nothing of this. Mayor Morgan called an Executive Session for Litigation at 4:46 p.m. Council reconvened at 5:24 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Moved by Dalla, seconded by Van Deventer, the City Manager be authorized to maintain Las Palmas Golf Course, put it on a paying basis, and to solicit proposals from golf course operators. Carried by unanimous vote. 12/6/83 Book 64 Page 8 ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 7:00 p.m.Z December 13t 1983. Carried by unanimous vote. The meeting closed at 5:26 p.m. The foregoing minutes were approved at the regular meeting of the City Council on December 13, 1983. ,/ Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 12/6/83