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HomeMy WebLinkAbout1982 05-11 CC MIN76 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 11, 1982 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: Ballard, Campbell, Gerschler, Grahl, 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 Chaplain Wilfred Rayna, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meetings of April 27 and May 4, 1982 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS None PUBLIC HEARINGS The continued Hearing on Resolution of Intention No. 13,768, District No. 213 for the 1911 Act Improvement of EDA Alleys No. 54, 57, 68 and 81 was held at this time. The City Clerk reported the Certificate of Publication and Affidavits of Mailing and Posting were on file, ROBERT ONLEY, Engineering Staff Assistant, was present and displayed maps of the district in its several parts, showing the assessment numbers on each parcel, the areas of improvement and the areas of protest; the estimated construction costs were $105,466, incidental expenses were $26,464, for a total cost of $131,930, City contribution was $10,339, total assessed was $121,591. Mr. Onley continued, the protests were as follows: Alley 57 - 3.26%, Alley 68 - 50%, Alley 81 - 50%, Alley 54 - no protests. The City Clerk reported three letters of protest were received: Burke F. Ray, 8187 Havasu Circle, Buena Park, CA protesting Alley 81; on behalf of Atchison, Topeka and Santa Fe, H. D. Fish, General Manager, protesting Alley 68; Gary G. & Kathryn B. Whaley, 3226 Lloyd, San Diego, protesting Alley 57. The letters from AT&SF and Burke Ray were read in full: April 19, 1982 Ms. Ione Campbell, City Clerk City of National City 1243 National City Blvd. National City, CA 92050 "Dear Ms. Campbell: "Thank you for the information furnished with your letter of April 2, 1982, concerning the EDA Alley No. 68 assessment. "It is our opinion that the Railway Company's property will not receive any measurable benefit from paving of the Alley. We are not in favor of the Assessment District. 5/11/82 77 "The Railway Company does not intend to perform any paving work that might be required, nor do we intend to enter into an agreement for any other party to do the paving for us. Very truly yours, H. D. Fish, General Manager By: J. F. King Manager of Contracts" Ione Campbell, City Clerk City of National City 1243 National City Blvd. National City, CA 92050 "This letter is to object to the proposed assessment on my property at 840 West 19th Street. Your Assessment District 213, Alley #81. "I am the owner of the property formerly owned by Key Container Corp., identified under Alley No. 81 by the number 559-096-01. "At your hearing on 27 Jan. 1982 I was told that this assessment would not go through because of objections recorded at that time, "I request that this be cancelled. The proposed assessment would be a severe financial burden to me. I am dependent on income from this property and have no way of passing this assessment on to the tenant until expiration of the lease. "Please cancel this proposed assessment. Burke F. Ray Discussion. WILLIAM TYLER, Atchison, Topeka and Santa Fe Railway Company, was present and said AT&SF wishes to go on record as opposing this Resolution of Intention and they are not in favor of the proposed improvements. GARY WHALEY, 3226 Lloyd, San Diego was present and said he is protesting Alley 57; it is a "T" alley with the main entrance adjacent to his property, and has an inordinate amount of traffic; there are several businesses to the West that use the alley for access to their property and for parking, and they would be the primary beneficiaries; his property is an unimproved lot that would need substantial engineering in order to utilize it; adjacent to the property is a Church school, and any improvements at this time could create a safety hazard to the children. No one else was present to speak in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed, Resolution of Intention No. 13,768 be approved, and all stipulations of staff be adhered to. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer. The PUBLIC HEARING on ASSESSMENT DISTRICT NO. 193 for the 1911 Act Improvement of 'C' Ave., southerly from 27th St. was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. ROBERT ONLEY, Engineering Staff Assistant, was present and displayed a map of the exterior boundaries of District 193, showing the assessment numbers on each parcel and the areas of 5/11/82 78 estimated improvement. Mr. Onley reported the/construction costs were $39,855.13, incidental expenses were $7,703.00, for a total cost of $47,558.13, City contribution was $21,509.13, total assessed was $26,049.00. Mr. Onley stated he assessed the total sum upon the several lots, portions of lots and parcels of land so that it benefitted them each respectively in proportion to the estimated benefits received from each such lot, portion of lot and parcel of land; there were no protests. No one was present to speak in this regard. Moved by Waters, seconded by Van Deventer, the Public Hearing be closed, Assessment Roll District No. 193 be approved, and all stipulations of staff be adhered to. Carried by unanimous vote. The PUBLIC HEARING on proposed AMENDMENT to TITLE 18 (ZONING) of the National City Municipal Code to require gasoline SERVICE STATIONS to provide AIR, WATER and PUBLIC RESTROOMS (On April 12, 1982, the Planning Commission voted to recommend that the City Council adopt an ordinance that requires new service stations to provide free air, water and restroom facilities for service station customers. to require existing service stations that currently have these facilities to continue to maintain them for public use, to amend Section 13.04.068 [gasoline service station definition] to include these requirements, and to require existing service stations that previously offered these amenities but no longer do to once again provide these amenities within a five-year abatement period; staff concurs with the Planning Commission's recommendation) was held at this time. The City Clerk reported the Certificate of Publication was on file. Planning Director Gerschler reported the Planning Commission and staff recommend approval. No one was present to speak in this regard. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed and all conditions of staff be adhered to. Discussion re including car washes and laundromats. Planning Director Gerschler said he would bring that up at the next opportunity. Carried by unanimous vote. The PUBLIC HEARING on ZONE CHANGE from RS-1 and RS-2 PUD to such zoning as deemed appropriate by the City Council within the range of RS-1 and RS-2 PUD on properties within the 3100-3300 BLACK of SWEETWATER ROAD, ZC-2-82 (On January 19, 1982, Council held a public hearing on Zone Change No. 8-81, a request for RM-1 zoning for Mr. Constant David, one of the owners of subject property; various neighboring properties do not share similar zoning, leaving some owners with unequal privileges; on February 22, 1982, the Planning Commission initiated a zone change on the subject properties; boundaries extend from Plaza Bonita to Calmoor Development [at present, a mix of RS-1 and RS-2 PUD zoning, and density limits of both 5 and 10 units per acre can be found]; on April 12, 1982, the Planning Commission voted to recommend zoning all of these properties RS-2 PUD-D-10; several developments have been proposed within the boundaries of the zone change, including the Bonita Point project, with a yield of roughly 8 dwelling units per acre; this project was dropped before reaching the final approval stage; the next parcel to the East has been granted two planned unit development permits, both of which have expired; this project was to be called the Bonita Affair and was to contain 34 units, with a yield of 10 units per acre; the parcels are affected by several physical constraints; a major drainage course runs East-West across some of the parcels; a 1911 Act project to construct a channel is in progress; a steep slope rises sharply towards the southerly portion of the property; a mix of land uses and lot sizes surround the area in question; a choice of two zoning designations can be considered at this time [RS-i or RS-2]; RS-1 requires a 10,000 sq. ft. minimum lot and RS-2 requires a 5,000 sq. ft. minimum lot; any other zone would require a new application and public hearing before the Planning Commission and City Council; at the Planning Commission's hearing, three of the affected property owners showed interest in having commercial zoning instead; it was pointed out that General Plan changes and an elaborate EIR would be required before such zoning could be considered; in the meantime, it is advisable to restore the residential 5/11/82 79 zoning pattern to a level of equality; staff concurs with the Planning Commission's recommendation) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler reported the Planning Commission and staff recommend approval. Discussion. Councilman Van Deventer said he could not go along with 10 units per acre and would like to see it changed to 72. Mayor Morgan said possibly it would be better to zone commercial; that area could use a bank and a drug store. CONSTANT DAVID, 4952 Fieldstream, San Diego, was present and said he is the owner of one of the parcels involved (3160 Sweetwater Rd.); he agrees with the Mayor that a Commercial zoning on this property would be appropriate, but until it is started, he agrees with the Planning Commission's recommendation. Further discussion. Planning Director Gerschler said there is a lot of merit in the commercial idea, but it would require an elaborate Environmental Impact Report; there are nine parcels involved and only three of the owners have expressed an interest in commercial zoning; the Planning Commission's concern was the inequality of the zoning in the area. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed, zoning be chanced to RS-2 PUD with density of 71/2. Further discussion. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,798, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A FORTY (40) FOOT WIDE PORTION OF HARRISON AVENUE LOCATED BETWEEN THE CENTER LINE OF WEST 17TH STREET, AND THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 10, BLOCK 273, NATIONAL CITY MAP 348." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,798 be adopted. Carried by unanimous vote. Resolution No. 13,799, "RESOLUTION REQUESTING THE DELAY OF THE IMPLEMENTATION OF THE NEW RESIDENTIAL ENERGY REGULATIONS BY THE STATE ENERGY COMMISSION FROM JULY 13, 1982 TO JULY 13, 1984." Moved by Van Deventer, seconded by Camacho, Resolution No, 13,799 be adopted. Councilman Van Deventer said he would like to see this done permanently. Discussion, Mayor Morgan said Council could have the City Attorney draw up a Resolution to this effect. Further discussion. Motion carried by unanimous vote. Mayor Morgan asked City Attorney McLean to draw up a Resolution to be on next week's agenda (copies to be sent to our State Legislators and other cities in San Diego County). Resolution No. 13,800, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENTCWEEN THE CITY OF NATIONAL CITY AND THE NAVY FOR FUNDS TO REPLACE/SEWER IN WILSON AVENUE." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,800 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,801, "RESOLUTION CONFIRMING ASSESSMENT ('C' Avenue, South of 27th St.), ASSESSMENT DISTRICT 193." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,801 be adopted. Carried by unanimous vote. Resolution No. 13,802, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (9th Street East of 'R' Avenue), ASSESSMENT DISTRICT NO. 195." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,802 be adopted. Carried by unanimous vote. Resolution No. 13,803, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (9th Street East of 'R' Avenue), ASSESSMENT DISTRICT NO. 195." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,803 be adopted. Carried by unanimous vote. 5/11/82 80 (Item 16) The Engineer's REPORT on the PROPOSED IMPROVEMENT in ASSESSMENT DISTRICT NO. 195, 9th St. East of 'R' Ave. (staff recommends the report be accepted) was presented. Moved by Dalla, seconded by Camacho, the report be accepted. Carried by unanimous vote. Resolution No. 13,804, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,804 be adopted. Carried by unanimous vote. Resolution No. 13,805, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE (9th Street East of 'R' Avenue), ASSESSMENT DISTRICT NO. 195." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,805 be adopted. Carried by unanimous vote. Resolution No. 13,806, "RESOLUTION APPROVING ISSUANCE OF A DRIVEWAY PUBLIC IMPROVEMENT PERMIT (1817 Cleveland Avenue, Daniels Construction)." Moved by Dalla, seconded by Camacho, Resolution No. 13,806 be adopted. Carried by unanimous vote. ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1770 (g//1/433-1), "AN INTERIM ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE REGULATING THE USE OF PRIVATE VIEWING ROOMS IN ESTABLISHMENTS WHICH SELL OR RENT PRE-RECORDED VIDEO TAPES, MOVIES, TRANSPARENCIES, FILMS, PROJECTABLE MOTION PICTURES OR EQUIPMENT USED FOR SHOWING ANY OR ALL OF THESE ITEMS." Moved by Camacho, seconded by Dalla, Ordinance No. 1770 (5/1I/g2-3) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 41, dated April 20, 1982, in the amount of $118,373.92 (Warrants Nos. 75939 through 75997) 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 Engineer's report on PROPOSED IMPROVEMENT in ASSESSMENT DISTRICT NO. 195, 9th Street East of 'R' Avenue (See Page 80, Para. 1). The CLAIM for DAMAGES of RANDY and ALTON PRIOR, resulting from an accident on February 8, 1982 and filed with the City Clerk on April 29, 1982 was presented. Moved by Camacho, seconded by Van Deventer this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM for DAMAGES of iRr2ERICK M. TUITASI, resulting from an incident on January 21, 19s;3 and filed with the City Clerk on April 30, 1982 as presented. Moved by Camacho, seconded by Van Deventer this claim be denied and referred to the City Attorney. Carried by unanimous vete. The request for Ex ENSION of CONTRACT between the CITY of NATIONAL CITY and SALERNO/LIVINGSTON and PARTNERS for INSPECTION SERVICES at PLAZA BONITA (On May 13, 1980, the City Council approved a contract between the City and Salerno/Livingston and Partners for building inspection services for Plaza Bonita; it was anticipated that all construction would be completed by May 7, 1982, the termination date of the contract; since Montgomery Ward did not proceed with their building as planned, this date has passed; the consultant has requested an extension of the contract until the completion of the Montgomery Ward building; the 5/11/82 81 contractor states that this will be no later than July 1, 1982; no additional funds are needed for this extension; $29,497 remains of the original $137,240 allocated, which will cover the remaining inspection work; staff recommends the City Manager be authorized to enter into an agreement with Salerno/Livingston and Partners extending their contract with the City until July 1, 1982) was presented. Mayor Morgan said the work has been completed and the contractor has left, and inquired if the excess funds would go back into the Treasury if not used for inspection purposes. Planning Director Gerschler replied that most of the funds would go back into the Treasury, but Salerno/Livingston worked past the expiration date in order to complete the job and the request is for funds to pay Salerno/Livingston for services rendered beyond the expiration date of the contract. Discussion. Moved by Waters, seconded by Van Deventer, this request be denied (and Salerno/ Livingston and Partners be paid for actual services rendered). Carried by unanimous vote. WRITTEN COMMUNICATIONS The request of THOMAS/O'BRIEN/ASSOCIATES to locate an identification SIGN on City -owned property (On April 20, 1982, the Community Development Commission approved an identification pole sign for Heritage Park Office Plaza to be located on City -owned land [the parking facility which was deeded to the City]) was presented, Discussion. Councilman Camacho said he could not agree to this sign because of the liability involved. Moved by Waters, seconded by Van Deventer, this request be denied. Further discussion. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Morgan requested that the City Manager, the City Engineer and Police Chief check out the traffic situation on Stockman Street and see what can be done to slow it down to protect the children in the neighborhood. City Manager McCabe said they would check into it and bring back a report to Council. CITY COUNCIL Vice Mayor Camacho called a meeting of the Finance Committee on Tuesday, May 25 at 8:00 a.m. to review the budget. Councilman Van Deventer said he would like to see 2nd St. in the area of the car wash be red -curbed (people finish washing their cars in the shade, and litter the area). Moved by Van Deventer, seconded by Morgan, this be referred to the Traffic Safety Committee. Carried by unanimous vote. Councilman Dalla requested that Public Works check the "Police" sign on 13th; it is not lit up and is in need of maintenance. Councilman Dalla reported the landscaping at Las Palmas School down to the golf course needs watering and the National School District should be advised of this. Councilman Van Deventer announced a Retirement Dinner for Rip Reopelle will be held on Friday, May 21. Councilman Waters inquired about retaining walls not being required for the condominiums at 8th and Palm, and requested the City Manager and Planning Director advise Council where that project stands, what is holding it up, and where it is going. 5/11/82 82 Mayor Morgan called a recess at 7:53 p.m. Council reconvened at 8:15 p.m. ROLL CALL Council members present: Camacho, Dalia, Van Deventer, Waters, Morgan. Absent: None. Mayor Morgan called an Executive Session for Personnel Matters at 8:16 p.m. Council reconvened at 9:08 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 4:00 p.m., May 18, 1982. Carried by unanimous vote. The meeting closed at 9:09 p.m. The foregoing minutes were approved by the City Council at their regular meeting of May 18, 1982. Corrections / No Corrections Y CITY OF NATIONAL IT . CALIFORNIA 5/11/82