HomeMy WebLinkAbout1982 07-27 CC MIN131
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
JULY 27, 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: 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 Father Peter Borda, St. Mary's Catholic
Church.
Mayor Morgan reported today is Father Borda's 40th Anniversary in the
Priesthood and presented him with a Key to the City, thanking him for his
many years of service to the Little League and the Council.
Mayor,Morgan spoke of the Downtown Redevelopment Project, saying he would
like Council to authorize the City Attorney to draw up a Resolution to
put the Downtown Redevelopment issue on the ballot; the people of
National City should have a chance to vote on this; he has appointed a
Committee chaired by Delton Reopelle to help get this on the ballot;
other members are Jim Bird, Florence Ungab, Paul Bayani, Augie Bareno
and Charlotte Webster. Moved by Camacho, seconded by Dallas in favor of
the Mayor's recommendation. Discussion. Carried by unanimous vote.
Mayor Morgan introduced Assemblyman Wadie Deddeh, who was present in the
audience, and thanked him for all the help he has given the City of
National City. Assemblyman Deddeh presented Councilman Waters with a
Resolution from the California State Legislature, commending him for his
years of dedication in restoring Historic Granger Music Hall.
Councilman Waters reported American Legion Post 255 has donated $500 to
the National City Police Reserves.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Van Deventer, the minutes of the regular
meeting of July 20, 1982 be approved. Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
None
MAYOR'S APPOINTMENTS - See Below
PRESENTATION
Robert Onley, President, National City Employees' Federal Credit Union,
was present and gave a brief history of the Credit Union, which was
organized in February, 1953. Mr. Onley presented the Mayor and members
of Council with plaques, expressing appreciation for their support of
the Credit Union for the past 30 years.
PROCLAMATIONS
The Mayor's proposed Proclamation of "SANDCASTLE DAY - July 31, 1982"
was read by title. Moved by Camacho, seconded by Van Deventer, in favor
of this Proclamation. Carried by unanimous vote.
The Mayor's proposed Proclamation of "CLOWN WEEK - August 1-7, 1982" was
read by title. Moved by Camacho, seconded by Van Deventer, in favor of
this Proclamation. Carried by unanimous vote. Mayor Morgan presented
the Proclamation to a member of the Clown's Association.
MAYOR'S APPOINTMENTS - Moved, seconded, and carried by unanimous vote,
Ronald J. Detzer be appointed to the Civil Service Commission.
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132
PUBLIC HEARINGS
The continued Public Hearing on APPEAL of Planning Commission DENIAL of
PLANNED DEVELOPMENT PERMIT NO. PD-1-82 in the 1300 block of Grove St.,
West side (See minutes of June 22, 1982 meeting) was held at this time.
Planning Director Gerschler reported staff has presented "Supplemental
Staff Recommendations" (See Document No. 67677) 22 conditions that could
be attached to an approval, which include the original 16 conditions
approved by the Planning Commission and comments about the cul-de-sac,
and two new conditions dealing with noise and hours. Mayor Morgan said
he owns a restaurant just West of this project, and asked the City
Attorney if this creates a conflict of interest. City Attorney McLean
replied that the Government Code would bar his vote on any matter which
would result in a financial gain to him; the financial gain must be
material and reasonably foreseeable that the decision he made would
result in a financial benefit to him; the question is whether or not
granting or denying the application results in a benefit to him.
Discussion. M. A. CLOUGH, JR., 1431 Grove St., was present and
presented Council with a petition with 120 signatures protesting
McDonald's in this location. City Attorney McLean inquired if the Mayor
had read the minutes of the first part of this hearing (June 22, 1982).
Mayor Morgan replied he had listened to the tapes. DAVE SNYDER,
1450 University, San Diego, was present and said he is one of the
general partners who own this property; according to the Land Use Code,
eating places - drive thru/drive in and take out, are permitted in the
CBD Zone; typical permitted uses are doughnut shops, ice cream shops,
restaurants and eating places; there are several eating places along
Plaza Blvd. which back up to residential areas. GARY FARIS, 1417 Grove
St., was present and said a cul-de-sac would stop traffic problems on
14th and Grove St.; it will block traffic from Plaza; if there is an
emergency, the emergency vehicles won't be able to get through.
DAN BIGGS (Engineer for applicant), 121 E. 31st St., was present and
said as he understands the time limitation, the drive-thru business
would be culminated at 10:00 p.m. City Attorney McLean said there is
no time limit in the proposed conditions, but the City reserves the
power, if noise emissions exceed the City's sound standards, to impose
restrictions; there are no other restrictions set forth on hours of
operation. After conferring with the applicants, Mr. Biggs
hey
found the conditions to be acceptable. Discus ion MovddbsaCamacho
the Public Hearing be closed and McDonald's aAol�ication ae on ovec�7's• Discussion. Planning Director Gerschler said if Council does not
approve the cul-de-sac, items 17, 18, 19 and 22 of the Supplemental
Staff Recommendations should be dropped. City Attorney McLean said the
staff report does not contain any operating restrictions as far as hours
are concerned; if Council intends to start out with requirements for
hours of operation, it must be included as a condition of the permit.
Councilman Della said he would second the motion if it included
additional conditions: include the cul-de-sac, the unnamed commercial
structure shown on the site plan be deleted at this time, and be
brought back at a later date when they have a more specific use in mind,
and the hours of o eration be limited to 11:00 .m. on week ni hts and
12:00 midnight on Friday and Saturday, with no deliveries prior to
7:00.a.m. Vice Mayor Camacho agreed to include the conditions in the
motion. Discussion. City Attorney McLean restated the motion. Further
discussion. Councilman Van Deventer said he has a personal and
business relationship with Mr, Biggs and would abstain from
Further discussion. Mr. Clough returned to the podium votinaid g
do not want the street closed; it is the only reasonable, convnieney
t
access they have. SANDY VERHANE (Real Estate representative for
McDonald's) was present and said McDonald's has standardized operating
hours known to the public who would expect them to be open; it has been
determined that with the noise level of the freeway, McDonald's will
not affect the neighborhood as far as
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133
noise is concerned. Further discussion.
following vote, to -wit: Ayes: Motion carried, by the
Abstaining:Vany Camacho, Dallas Morgan. Nays: Waters.
Deventer.
Mayor Morgan called a recess at 8:14 p.m.
Council reconvened at 8:21 p.m.
ROLL CALL
Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan.
Absent: None.
The Public Hearing on WEED ABATEMENT (In accordance with National City
Ordinance No. 1155, Section 9.12.100, Council shall consider the Fire
Marshal's report and account, together with any objections or protests
by any interested parties; Council shall either approve the report and
account as submitted, or as modified and corrected by the City Council;
the amounts so approved shall be liens upon the respective lots or
premises, and Council shall adopt a Resolution assessing said amounts as
liens upon the re-;p ctive parcels of land; staff recommends the report
and account be P.pn*roved) was held at this time.
The re
the Affidavit c± Mailing was on file, and the Clerk's Cofficeityerk receivedted
one letter of protest from Kathryn and Gary Whaley re APN 560-151-10
(a second letter of protest was received by the Finance Dept. from
Rodney L. B. Smith.) Fire Marshal George Devendorf was present and said
he is responsible for the Weed Abatement Program, which is administered
by Captain Bowman; they made a general mailing to the owners of known
vacant lots and by responding to specific complaints; after giving the
property owners adequate notice, the City may have the lot abated by a
contractor; Captain Bowman makes field inspections and takes photographs;
a Violates Notice is sent to property owners, and if the owner does not
• abate the nuisance within 10 days, the job is assigned to the contractor;
during the period January -July, 1982, Captain Bowman responded to 125
complaints, resulting in 19 lots being abated by the contractor, at a
total cost of $4,941.22. Mr. Devendorf responded to a June 11 letter
of protest from Mr. Rodney L. Smith, 3624 Bayside Walk, San Diego
(Mr. Smith mowed vacant lot at the corner of 5th & G on May 20; by
telephone on May 20, after lot mowed, George Devendorf advised cuttings
had to be raked up; on May 25, Mr. Smith returned to rake up the cuttings
and found it had been done; Mr. Smith received a letter giving a
June 15 deadline for cleanup.). Mr. Devendorf said, on April 16 & 28,
the Weed Abatement Officer mailed a Notice of Violation to Mr. Smith
at 3624 Bayside Walk, San Diego, giving him 10 days to abate; the
property was assigned to the contractor to perform the work and on
May 22, the contractor found that the lot had already been cut, but the
cuttings had not been picked up; Mr. Smith did not mention in his letter
that when he spcke to Mr. Devendorf on May 20, he confirmed receipt of
the April 28 letter giving him 10 days, which he did not respond to in
a timely manner, nor did he state his intent to clean up the weeds and
was very non -committal; therefore, the contractor picked up the cuttings.
Mr. Devendorf responded to the protest letter from Mr. & Mrs. Whaley,
saying photos show substantial weed growth with combustible waste on the
property; a citizen complaint was received on May 28, 1982; an abatement
letter was mailed out to the Whaleys on or about May 28, 1982; the
property was cleaned by the Contractor and the Weed Abatement Officer
verified that the work charged was done by the contractor. PRESTON
HODGES, 1502 E. Opp St., Wilmington, CA, was present and said he owns
property between 14th and 15th on 'GI Ave. and received a bill in the
amount of $947; he feels the Weed Abatement Program is a good program,
but the amounts charged are excessive.
explained Mr. Hodges' charges,Discussion. Mr. Devendorf
g and said the contractor charges 2C per
sq. ft. for mowing, 3 per sq. ft. for hand work, and $5,00 per cubic
yard for removal of debris, in addition to which there is a $50
administrative charge for each parcel. RODNEY SMITH
San Diego, was present and said he received his notice3on4 Appayrillid0 Walk,
30;
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134
during the following week, he arranged to have his property mowed, but
when he went out to check it, it hadn't been done; the following week,
he received a second letter stating the lot had to be cleaned by
June 15, so he thought he had been given an extension; he went down and
mowed the lot, and then discussed the matter with Mr. Devendorf; he
went down the following week to clean up the debris and it had been done;
on June 11, he received a bill from the Cityfor
Mr. Devendorf said the notice sent out on ril28100. Dr. Smitht1
days to clear the lot; the second letter was a gave Mr„ 0
in
owners of all known vacant lots, it was not an extension.ral 1lFurthert to
discussion. Mr. Hodges returned to the podium and said if the Fire
Department quoted a price on second notices, people might be more
willing to clean up their own lots. No one else was present to speak in
this regard. Moved by Camacho, seconded by Van Deventer, the Public
Hearin be closed and the Weed Abatement be approved. Carried by
unanimous vote.
The Public Hearing on ASSESSMENT ROLL DISTRICT 209, 1911 ACT IMPROVEMENT
of ALLEYS 75, 79 and 90 (City contribution has been paid from available
funds in Account No. 01-1528-915 [FY 81-82]; staff recommends the hearing
be held, protests be denied or overruled, and proceed to confirmation of
the proceedings and the assessment) was held at this time. The City
Clerk reported the Certificate of Publication and Affidavit of Mailing
were on file, and no written protests were received. ROBERT ONLEY,
Engineering Staff Assistant, was present and displayed maps of the
district in its several parts, showing the assessment numbers on each
parcel and the areas of improvement; the construction costs were
$93,547.05, incidental expenses were $8,205.00, for a total cost of
$101,752.05, City contribution was $35,869.05, total assessed was
$65,883.00; this was assessed upon the several lots, portions of lots
and parcels of land in the assessment district benefitted thereby upon
each respectively in proportion to the estimated benefits to be received
by each of the said lots, portions of lots and parcels of land; there
were no protests. DONALD CULVER, 1845 'I' Ave., was present and said
the alley is beautiful, but if it hadn't been for the property owners,
there would have been no necessity to put the alley in; the contractor
left 35" on his side of the alley undone; he contacted Councilman Waters
and the Engineering Dept.; after calling back several times, the alley
was poured; after the contractor left, the Engineering Dept. contacted
him and said for another $4-500, they would have the contractor come
back, dig the dirt out and pour concrete; he was told by the Engineering
Dept. that the City was only going to pave 22 ft. of the alley; the end
of his driveway is where the property ends; he doesn't think the other
35" is on his deed, but he had to pay to have the extra 35" paved; the
property owners were not informed that the City was only going to pave
22 ft. Discussion. City Engineer Grahl said he had the plans
available for anyone to come in and discuss; at the present time, the
1911 Act allows the City to pave only the width of an alley which is
basically 20 ft.; the property owners must take care of the rest of the
area between the alley and their driveways. BEULAH PONCEY, 2027
Highland Ave., was present and said the contractor came onto her
property and used her water, and the workmanship was poor. MRS. MORRIS,
1837 'I' Ave., was present and said the contractor did an excellent job,
but the people should have been notified that they would have to pave
part of the alley themselves. Mayor Morgan asked the City Engineer to
go out and check this alley. MRS. VAN ARUM, 1825 'I' Ave., was present
and complimented the City on their choice of contractor; they worked
hard and did a good job. No one else was present to speak in this
regard. Moved by Camacho, seconded by Van Deventer, the Public Hearin
be closed and all conditions of staff be adhered to. Carried, by the
following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters.
Nays: None. Abstaining: Morgan.
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135
ADOPTION OF RESOLUTIONS
Moved by Van Deventer, seconded by Camacho, the Resolutions be presented
by title only. Carried by unanimous vote.
Resolution No. 13,853, "RESOLUTION CONFIRMING ASSESSMENT OF WEED
ABATEMENT." Moved by Van Deventer, seconded by Camacho, Resolution No.
13,853 be adopted. Carried by unanimous vote.
Resolution No. 13,854, "RESOLUTION CONFIRMING ASSESSMENT ROLL DISTRICT
NO. 209, ALLEYS 75, 79 AND 90." Moved by Van Deventer, seconded by
Camacho, Resolution No. 13,854 be adopted. Carried, by the following
vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None.
Abstaining: Morgan.
Resolution No. 13,855, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING
OF NOTICE OF COMPLETION (24th St. construction between the San Diego
Freeway and 700 feet easterly - Contract No. 921 - Federal Aid Project
MS-460 [2], Asphalt, Inc.)." Moved by Waters, seconded by Van Deventer,
Resolution No. 13,855 be adopted. Carried by unanimous vote,
Resolution No. 13,856, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY
(:asement for sanitary sewer, William Acosta)." Moved by Van Deventer,
.1_,.,Donded by Camacho, Resolution No. 13,856 be adopted. Carried by
unanimous vote.
Resolution No. 13,857, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA PROVIDING
FOR THE USE OF CHULA VISTA'S POUND FACILITIES AND SERVICES." Moved by
Van Deventer, seconded by Camacho, Resolution No. 131857 be adopted.
Discussion. Carried by unanimous vote.
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of
WARRANT REGISTER NO. 3, dated July 27, 1982, in the amount of
$228,402.25 (Warrants Nos. 76880 through 76962), and CERTIFICATION of
PAYROLL for the period ending July 15, 1982, in the amount of
$242,434.92, 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 request for APPROVAL of CHANGE ORDER NO. 1, Engineering
Spec. #924, REPAIR to HIGHLAND AVE. BRIDGE, North abutment (... cleanup
change order on this project; voids beneath the bridge abutment pavement
were anticipated and the amount of concrete necessary to fill them was
calculated; after the old paving was removed, larger voids than
anticipated were discovered, requiring an additional 34 cubic yards of
concrete; the total amount of rip -rap slope protection was reduced
somewhat to help offset the cost of the additional concrete; cost of
this change order is 2% of the contract price; the additional $423.75
necessary for this change order is available from the contract
contingency funds; staff recommends a Resolution be passed approving the
Change Order and the City Engineer be authorized to sign the Change Order
on behalf of the City) was presented. Moved by Van Deventer, seconded
by Camacho, in favor of this request. Carried by unanimous vote.
The application for OFF -SALE BEER AND WINE LICENSE, Type 20, of
Anatalio L. & Serafina G. Labo, dba CALIFORNIA MARKET, 1245-B Highland
Ave. (Planning and Building Departments state no objections; Police Dept.
recommends this license be protested on the grounds that issuance of such
license would aggravate an existing police problem in this immediate area;
the off premise consumption of beer and wine in this area makes it very
easy for young people to acquire alcohol) was presented. ANATALIO LABO,
1624 Grove St., was present and said their business is located in a
commercial area; other businesses in the area sell beer and wine; they
7/27/82
- No report.
- No report.
No report.
136
meet all the requirements and this license should be
roved.
Attorney McLean said this area requires a lot of police responses;City
we
do not need to increase this problem. SERAFINA LABO,
was present and said it is not fair to deny them a liquor license; other
businesses in the area have such licenses and without a liquor license,
they will lose business. Discussion. Moved by Van Deventer, seconded
by Dalla, this license be rotested on the basis of the Police De t.
recommendation. Carried, by the following vote, to -wit: Ayes: Camacho,
Dalla, Van Deventer, Morgan. Nays: None. Abstaining: Waters.
The application for ON -SALE BEER AND WINE LICENSE T
Christopher D. Dwyer, Chau Quy and Hoa Quy,' ype 41, of
404 E. 8th St. (Building Dept. states no objections; SIAN oliceEDept.
recommends this license be protested on the grounds that there is a
church directly across the street; there are two schools within two
blocks; within 100 ft. of the restaurant's parking lot, there are six
private residences; on April 14, 1981, Council voted 5-0 to protest the
[sane type of alcoholic beverage license for Willies Country Kitchen
same location], and there has been no significant change in conditions
at or near this location; Planning Dept. recommended this license be
protested until such time as a conditional license is assured that will
provide for the following: A„ Alcoholic beverage sales shall be
incidental to food service, B. There shall be no bar or counter over
which the on -sale of alcoholic beverages shall be served to the public,
C. All live entertainment and dancing shall be prohibited, D. There
shall be no sale of alcoholic beverages after midnight) was presented.
Moved by Waters, seconded by Van Deventer, this license be protested
on the basis of the Police De t. and Plannin De t. recommendations.
Carried by unanimous vote.
The application for ON -SALE BEER AND WINE LICENSE, Type 41, of Bon and
Elvira F. San Roque, dba FILIPINIANA, 2837 Highland Ave. (Police and
Building Departments state no objections; Planning Dept. recommends this
license be protested pending issuance of a conditional license that will
insure compliance with the following: A.
be incidental to food service,B. Alcoholic beverage sales shall
or counter
which the on -sale alcoholic beverages eshall be servedre shall be nobar to the public,over
C. All live entertainment and dancing shall be prohibited, D. There
shall be no sale of alcoholic beverages after midnight) was presented.
Moved by Dalla, seconded by Camacho, this license be _protested until
staff recommendations are co lied with. Discussion. Carried, by the
following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters.
Nays: None. Abstaining: Morgan.
The CLAIM for DAMAGES of MARGUERITE GARCIA, a minor and AiRA KUHNS,
her mother, arising from an accident on May 1, 1982, and 114ed with
the City Clerk on July 16, 1982 was presented. Moved by Cama cbo,
seconded by Van Deventer, this claim be denied and referred to the
City Attornev. Carried by unanimous vote.
The CLAIM for DAMAGES of INTER -CITY SOILS, INC. th the CI:tY
Clerk on July 20, 1982 was presented. Moved by�Camachofiled ,�seconded by
Carried by unanimous vote.
Van Deventer, this claim be denied and referred to the Cit Attorney.
OTHER BUSINESS
CITY MANAGER
CITY ATTORNEY
OTHER STAFF -
MAYOR
Mayor Morgan reported the residents of South Belmont would like to close
the street temporarily for an outdoor barbecue, and recommended the City
7/27/82
137
Manager be authorized to work with the Police Chief on this. Moved by
Camacho, seconded by Van Deventer, in favor of the Ma or's recommendation.
Carried by unanimous vote.
Mayor Morgan reported that when the builders of Heritage Park Office Bldg.
dug the hole for their pole sign, they hit a sewer line. Moved
seconded by Waters, the Planning Commission be authorized to moveythersign
approximately 15-16 ft. East. Carried by unanimous vote.
CITY COUNCIL - No report.
ADJOURNMENT
Moved by Waters, seconded by Camacho, the meeting be adjourned to
4:00 p.m., August 3, 1982. Carried by unanimous vote. The meeting
closed at 9:13 p.m.
CITY CLERK
The foregoing minutes were approved by the City Council at their
r.'gular meeting of August 3, 1982.
Corrections
No Corrections
R
CITY OF NATIONAL CITY, CALIFORNIA
7/27/82