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HomeMy WebLinkAbout1982 12-14 CC MIN220 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 14, 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, McCabe, McLean, Sr. Civil Engineer Pachon, Principal Planner 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. O. B. Booker, Missionary Church of God in Christ. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of December 7, 1982 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS GERALD REYNOLDS, 635 E. 1st St., was present and spoke of the problems at the carwash at 2nd & Highland where heworks; on weekend nights people use the facilities for a public restroom; he has called the Police and was told these people have to be caught in the act; the curb is painted red, but no one is ever cited for illegal parking or drinking in public. City Manager McCabe said he would talk to the Police Chief in the morning and see what can be done. MARY FOSTER (owner of Mary Jo's Cafe), 5712 Cumberland, San Diego, was present and presented petitions requesting that the West side fire station not be closed. PUBLIC HEARINGS The continued Public Hearing on APPEAL of PLANNING COMMISSION'S DENIAL of ZONE VARIANCE Z-6-82 at 105 East 8th St. (Applicant is requesting zone variance to allow the sale of alcoholic beverages after 12:00 midnight as an incidental use at McDini's restaurant, located at the NE corner of 8th and 'A'; applicant has referenced a number of existing businesses in the vicinity that sell alcoholic beverages after 12:00 midnight and which are classified by the City as lawful non -conforming; the Planning Commission denied this application without prejudice for the reason that evidence and testimony presented to the Planning Commission failed to support a finding that special circumstances exist that justify the granting of zone variance in accordance with the provisions of Section 65906, Government Code, State of California; Planning Commission denial without prejudice will allow the applicants to refile their application without waiting the one-year period as otherwise required; staff concurs with the Planning Commission's denial of this application) was held at this time. City Attorney McLean said the variance cannot be granted for legal reasons; the applicant is not eligible for a variance under State law; we have outlined a procedure by which they can get what they want and he believes they are pursuing an application for a different kind of permit; he recommended the hearing be closed and the variance be denied. ROBERT KOLODNEY (Attorney for the applicant), 2470 Union St., San Diego, was present and requested the application be withdrawn without prejudice and no other action taken. Moved by Camacho, seconded by Van Deventer, the application be withdrawn without prejudice, and there be no other vote in this regard at this time. Carried by unanimous vote. 12/14/82 221 The Public Hearing to OBTAIN the VIEWS of CITIZENS and to RESPOND to CITIZEN PROPOSALS regarding the preparation of an APPLICATION to the State of California, Dept. of Housing & Community Development for a GRANT under the federally funded SMALL CITIES PROGRAM, which provides funds for community development purposes to cities under 50,000 (On November 15, 1977, Council authorized the Community Development Commission to prepare applications on behalf of the City for funds pursuant to the U. S. Housing & Community Development Act, and if approved, to administer programs utilizing such funds; the Executive Director of the CDC recommends that the City apply for the maximum grant [currently understood to be $600,000], to be distributed as follows: 1. Home improvement loan program - $420,000, 2. Street- scape work, Center City Redevelopment Project, (a) street tree planting and related concrete work - $60,000, (b) Public Works including curb and gutter, sidewalks and driveways - $60,000, 3. Administration - $60,000; Executive Director, Community Development Commission recommends City Council approve the filing of an application to HUD for $600,000 Small Cities Grant) was held at this time. Arnold Peterson, Executive Director, Community Development Commission, was present and said the purpose of the hearing is to enable the public to address the program that has been recommended to you in the memo and from the Citizens' Committee: Namely, that the application to be forwarded to the State in February in the amount of $600,000, of which $420,000 would be for home improvement loans City-wide, and streetscape work in the form of street tree planting and related concrete work $60,000, Public Works, including curbs, gutters, sidewalks and driveways $60,000, administration $60,000, a total of $600,000; this is a particular time and opportunity for persons in low and moderate income and minorities in the community to speak to that program. Mayor Morgan invited the public to speak. There was no response. Moved by Van Deventer, seconded by Camacho, this public hearing be closed and all stipulations referred to in this federal funded small grant be adhered to. Moved by Morgan, seconded by Camacho, the motion be amended to knock out the $60,000 for curbs and sidewalks and add that $60,000 to the home loan program, making a total of $480,000. In answer to a question relating to applications for revitalizing residences throughout the City (Are we behind at this time? Are people waiting for assistance?), Mr. Peterson replied, what we have been doing is running ads in the Star News from time to time and when we have about 20 applicants under the program, cut if off so that we don't have a long list of people waiting; as far as funds are concerned, we have in hand of the Home Federal original million dollar note, $100,000; we have in hand of the tax increment monies $200,000, and we have the two applications, the one that is referred to here to the State and the one that just went in to the federal; under those two applications, one of which has $400,000 home loan money, the other one $420,000, and our chances of obtaining those funds are 1 in 3, meaning either of those two; we have no positive assurance of obtaining those funds whether it's through the federal or through the state, 1 in 3. Discussion re 10% street improvements that may be required by Ordinance when certain home improvements are made. Community Development Director Peterson said the 10%o required by Ordinance for street improvements would come from the $420,000, the home improvement loan portion that's shown; other curbs and gutters, driveways and ramps that are stated here would be in areas where there are no home improvement loans and would come from $60,000. Discussion re the amendment making more money available for home improvement loans. Councilman Dalla said Community Development's original proposal contained $420,000 for home improvement loans and $120,000 for trees; by letter to the Citizens' Committee, he suggested they consider splitting up that $120,000, half for planting trees and half for curbs and gutters. The Small Cities Program is designed for things besides planting trees. Discussion re use of money earmarked for trees, needs for curbs and gutters, the home 12/14/82 222 improvement program, the possibility of planting trees on Civic Center Drive, etc. Community Development Director Peterson said, "Let me say one more time, the City's Ordinance requires a homeowner to the extent of 1O% of the building permit value to do related public works improvements, related to that specific property; that up to 1O% is included in the figure for home loans; under item 2, under street tree planting, as I already explained, the concrete work referred to there is that which we experienced on 16th and on National, putting strips in back of the trees. Iten (b) now, curb, gutters, sidewalks and driveways, refers to specifically those things, those works - in the form of replacement repair work." Discussion. Councilman Dalla said he wanted to clarify that for the record: Two points: 1. Some people are never going to apply for a home loan, but the facilities around their property are in need of some assistance and they are not in a position to do that; 2. historically when we've considered the Small Cities Grant, it comes to us just like this one has, and if you have any suggestions for modification it's too late, because the Citizens' Committee has already passed on it; well in this particular instance, he approached the Citizens' Committee before they considered the recommendation and asked them to consider this modification; they have approved it. Moved by Dalla, seconded by Van Deventer, the a!?en.,dment be amended to reduce both 2(a) and 2(b) by $30,000 and .;jvthat to the home loan program. Mayor Morgan asked again if anyone in the audience wished to speak on this public hearing. There was no response. The amendment to the amendment carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Morgan, Waters. City Attorney McLean ruled the amendment moot; the underlying motion, which is to approve the application in the budget had to be voted on. Motion carried by unanimous vote, ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Dalla, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,939, "RESOLUTION AUTHORIZING THE FILING OF A SMALL CITIES GRANT APPLICATION WITH THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,939 be adopted as amended. Carried by unanimous vote. Resolution No. 13,940, "RESOLUTION AUTHORIZING AWARD OF CONTRACT (Construction of Fire Station No. 3, Specification No. 927)." Moved by Waters, seconded by Van Deventer, Resolution No, 13,940 be adopted. Carried by unanimous vote. JOHN SHIVELY (representing Penwell Construction), 11273 Allston Hill Dr., San Diego, was present and inquired if there would be a penalty for withdrawing their bid; he was assured there would be none. Resolution No. 13,941, "RESOLUTION AUTHORIZING COMPROMISE OF CONDEMNATION CASE (19th Street Condemnation Barragan)," Moved by Van Deventer, seconded by Camacho, Resolution No. 13,941 be adopted. Carried by unanimous vote. ORDINANCE FOR ADOPTION Ordinance No. 1789 (�8/g/82,1), "ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING SECTION 18.130.080 OF THE NATIONAL CITY LAND USE CODE RELATING TO HEARING NOTICES." seconded by Camacho, Ordinance No. 1789 (12/7/82e1)d bbey V adoptean d. Carried by unanimous vote. 223 NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 23, dated December 7, 1982, in the amount of $57,532.03 (Warrants Nos. 78277 through 78337) and CERTIFICATION of PAYROLL for the period ending November 30, 1982, in the amount of $235,545.87 was presented. Moved by Waters, seconded by Dalla, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The request of NATIONAL CITY CHAMBER OF COMMERCE to serve ALCOHOLIC BEVERAGES (The National City Chamber of Commerce has reserved the Kimball Community Bldg. on Saturday, January 29, 1983 to hold its annual dinner meeting for installation of officers, approximately 200 adults expected to attend; the Chamber is requesting Council authorization to serve alcoholic beverages at this dinner meeting; City policy requires that the following be done when alcoholic beverages are to be served: 1. 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, 2. Security arrangements shall be approved by the Chief of Police, 3. A 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; staff recommends this request be approved subject to the three requirements above) was presented. Moved by Waters, seconded by Camacho, in favor of this request. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The Fire Chief's RECOMMENDATION for Fire Department POSITION ALLOCATION ADJUSTMENT (The Fire Dept. has completed an assessment of engine company operation; they are attempting to operate 3 engines with a Captain on each engine; doing so allows complete compliance with automatic aid agreements and provides the minimum acceptable number of engines available in the City; each engine should operate with a rated supervisor for maximum effectiveness in fire ground operations and in completing the daily work assignments given to individual engine companies; adjusting the internal position allocation plan of the Fire Dept. by increasing from 8 to 9 the number of Captains, and decreasing from 18 to 17 the number of firefighters, will leave the Department at 35 positions currently allowed for in the 82-83 budget; this will provide a supervisor on each engine more of the time and will decrease the adverse effects of vacations, injury leave and sickness on the number of supervised engine companies; the cost of $1,500.00 will be more than offset by a planned $5,000 savings in overtime; staff recommends approval) was presented. Moved by Waters, seconded by Camacho, in favor of the Fire Chief's recommendation. Carried by unanimous vote.. The request for APPROVAL of FINAL SUBDIVISION MAP, PARADISE HEIGHTS SUBDIVISION, 2610-2802 Hill Drive, Applicant; Paradise Valley Hospital, Case File No. S-5-81 (The tentative subdivision map for this project was approved by Council on January 19, 1982; it is a resubmittal of a previous subdivision which expired before it could be recorded; the design calls for the division of 4.9 acres into 15 lease hold lots; 14 of the lots have existing dwellings; all improvements and utilities are in place; the Planning Commission found that the final map complies with the tentative map, the Subdivision Map Act and the City's Subdivision Ordinance; the City Engineer has verified that the map is technically correct; staff concurs with the Planning Commission's approval) was presented. City Attorney McLean said he recommends approval. Moved by Dalla, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. 12/14/82 224 WRITTEN COMMUNICATION Communication regarding the closure of the West Side Fire Station (See Page 220, Para. 6). OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Morgan presented a plaque to Asst. City Manager Ron Ballard who is leaving to become City Manager of the City of Santee, and thanked him for his 14-15 years of dedicated service to the City. CITY COUNCIL Councilman Waters spoke of the City Clerk's memo re non-compliance of the "No on W" group with FPPC laws; the City Clerk notified the District Attorney of this, but there seems to be no action. Moved by Waters, seconded by Camacho, the City Attorney be directed to write a letter asking for a full investigation. Carried by unanimous vote. A memorandum from Councilman Van Deventer recommending dedication of the new baseball field in Kimball Park after Junior Robles was presented. Moved by Van Deventer, seconded by Dalla, the new ball park in Kimball Park be named for Junior Robles and the City Manager come up with an appropriate plaque. Carried by unanimous vote. Councilman Dalla spoke of the pre -Council meeting discussion of Rte. 252 and the City of San Diego. Moved by Dalla, seconded by Van Deventer, a letter be sent to the City of San Diego reiterating Council's concerns with appropriate person to sign. Carried by unanimous vote. RANDY RYNEARSON, 5714 Cumberland, San Diego, was present and inquired if the City could get funds from the Port District to keep the West Side Fire Station open. Discussion. Mayor Morgan said he would not object under those circumstances, but the Port District had said no. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 4:00 p.m., January 4, 1983. Carried by unanimous vote. The meeting closed at 7:47 p.m. CITY £LERK The foregoing minutes were approved at the regular meeting of the City Council on January 4, 1983. Corrections No Corrections MA R CITY OF NATIONAL CITY, CALIFORNIA 12/14/82