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HomeMy WebLinkAbout1981 04-21 CC MIN99 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 21, 1981 The regular meeting of the City Council of the City of National City was called to order at 7:30 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 City Manager McCabe. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of April 7, 1981 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed Proclamation of "SWEETWATER DISTRICT SCHOOL VOLUNTEER RECOGNITION DAY, April 30, 1981" was read. Moved by Van Deventer, seconded by Camacho, the Proclamation be approved. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Alice Alarcon. PUBLIC ORAL COMMUNICATIONS SGT. FRANK CHENELLE, N.C.P.D. was present as a representative of the National City police officers and 17,000 police officers of the State (PORAC) and requested Council send a representative to the PERS meeting on April 22 to urge PERS to make more advantageous use of today's money market (T Bills, etc.) in their investment policy, with a view to lowering the rates paid by the City and the individual employees. Discussion. City Manager McCabe reported the City has supported a change in investment policies through the League of California Cities; the meeting mentioned is tomorrow. Moved by Morgan, seconded by Waters, the Manager call or do whatever he thinks is in the best interest of the City tomorrow, and let them know our feelings. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,544, "A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF NATIONAL CITY REQUIRES THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC STREET ACROSS CERTAIN DESCRIBED LAND IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF FEE TITLE TO SAID PROPERTY TO'BE USED BY SAID CITY FOR SAID PURPOSE: AND DECLARING THE INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS: COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PURPOSE OF ACQUIRING SAID PROPERTY (Lot 70, Horton's Purchase, Fig Court - Alfredo B. and Julietta E. Gregorio)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,544 be adopted. Carried by unanimous vote. 4/21/81 100 Resolution No. 13,545, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,545 be adopted. Carried by unanimous vote. Resolution No. 13,546, "A RESOLUTION DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF (National City Blvd. between East 8th St. and East 7th St.)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,546 be adopted. Dr. George Urey, 511 Highland Avenue, was present and said this particular piece of land is leased to Mr. Asaro for a number of years and he has agreed to build on the property but has been unable to obtain funds; since the City is requiring him to improve, he (Dr. Urey) would have no alternative but to terminate his lease; this will take a certain amount of time. Mayor Morgan advised Dr. Urey that all the City is asking and requiring is that he clean up the property. Discussion. Director of Planning Gerschler said all we are concerned about is getting the property cleaned and the City Attorney will be able to go to court to get the property owners to clean the property. City Attorney McLean said suit will be filed next Monday or Tuesday at the latest; papers will be served; the owner will have 30 days to answer the complaint. Dr. Urey said Mr. Asaro is out of town due to the death of his uncle. Discussion re the number of times individual members of Council and staff have talked to Mr. Asaro regarding the condition of the property and his repeated promises to have it cleaned. Motion carried by unanimous vote. The City Clerk's report on opening of sealed bids for DRAINAGE BOX CULVERT and 22ND STREET PARADISE CREEK CHANNEL IMPROVEMENTS (fifteen bids received, apparent low bidder: E. A. Rutledge at $584,306.00; City Engineer's estimate: $962,182; Certificate of Publication and Affidavit of Posting on file) was presented. The City Engineer's recommendation, the contract be awarded to low bidder, E. A. Rutledge, Inc. of San Diego, in the amount of $584,306.00 was presented. Resolution No Improvements, 22nd and 24th Resolution No . 13,547, "RESOLUTION OF AWARD OF CONTRACT (22nd Street Box Culvert, and Paradise Creek Channel lining between St.)." Moved by Van Deventer, seconded by Camacho, . 13,547 be adopted. Carried by unanimous vote. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Van Deventer, the Ordinance be presented for adoption by title only. Carried by unanimous vote. Ordinance No. 1743 (4/W/81-2), "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT THE RETAIL SALE OF OTHER THAN AUTOMOTIVE PRODUCTS AT SERVICE STATIONS (A-5-80A)." City Clerk's affidavit of mailing notice of reading of Ordinance on file. VAN S. TARVER, Thrifty Oil Co., 10,000 Lakewood Blvd., Downey, was present and distributed statistics for the entire country showing the trends in development of sale of other than automotive products at service stations and said this concept offers the small businessman the opportunity to generate additional revenues. GEORGE WHITE (?), Atlantic Richfield, was present and said he was in agreement with Mr. Tarver and asked that Council give consideration to regulation rather than prohibition of sales of other than automotive products. Discussion. Questions were raised as to whether the Ordinance banned sale of products dispensed by machines (cigarettes, soda, candy bars, sandwiches, etc.) Moved by Camacho, seconded by Dalla, Ordinance No. 1743 (4A/81-2) be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Moved by Van Deventer, seconded by Camacho, to refer this Ordinance back to the Planning Commission for interpretation of machine type products. Carried by unanimous vote. 4/21/81 101 PUBLIC HEARINGS The PUBLIC HEARING on proposed ZONE CHANGE (ZC-2-81) at 2820 Lincoln Court to REZONE FROM INSTITUTIONAL CIVIC - OPEN SPACE (IC -OS) TO RESIDENTIAL - MULTIPLE FAMILY, PLANNED DEVELOPMENT (RM1-PD) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Director of Planning Gerschler reported Planning Commission and staff recommend approval of this zone change. No one was present in this regard. Moved by Waters, seconded by Camacho, the hearing be closed and the rezoning from Institutional Civic - Open Space (IC -OS) to Residential - Multiple Family, Planned Development (RM1-PD) the property at 2820 Lincoln Court be approved subject to all stipulations of staff and Planning Commission be adhered to. Carried by unanimous vote. The PUBLIC HEARING on proposed City -initiated ZONE CHANGE (ZC-3-81) TO PRE -ZONE TO COMMERCIAL CENTRAL BUSINESS DISTRICT, PLANNED DEVELOPMENT (CBD-PD) THE PROPERTIES AT 1755, 1833, 1835, 1843-45 and 1825-31 SWEETWATER ROAD was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler reported both Planning Commission and staff recommended approval. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the public hearing be closed and the proposed zone change to pre -zone to Commercial Central Business District, Planned Development (CBD-PD) the properties at 1755, 1833, 1835, 1843-45 and 1825-31 Sweetwater Road be approved subject to stipulations of staff and Planning Commission. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 41, dated April 21, 1981, in the amount of $80,534.10 (Warrants Nos. 72054 through 72144) was presented. Moved by Camacho, 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 APPLICATION for OFF -SALE BEER AND WINE LICENSE, person transfer, Type 20, of Ibtissam A. Tomina, dba COUNTRY RANCH, 2540 East 18th St. (Police, Planning and Building Departments state no grounds for objection) was presented. Moved by Van Deventer, seconded by Camacho, in favor of this license application subject to all conditions of staff. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Item 9, the City Clerk's Report of Opening of Sealed Bids (See Par. 3, Page 100). The amended request of AL BAHR SHRINE TEMPLE to hold a CIRCUS at the Sweetwater High School Football Field on May 9, 1981 (Staff recommended approval subject to all applicable laws and Ordinances) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. The NATIONAL CITY TRANSIT Third Quarter Report for Fiscal Year 1980-81 (total passengers increased 40% over third quarter of last fiscal year; total revenue has increased 61% over third quarter last fiscal year; expenditures over budget for the third quarter of FY80-81 but in line with year to date budget) was presented. Ordered filed by unanimous vote. OTHER BUSINESS PLANNING The request of JOSE RODRIGUEZ for WAIVER of required street dedication for property abutting Van Ness Avenue (Assessor's Parcel No. 564-071-13, Case File No. LS-11-80) continued from the April 14, 1981 4/21/81 102 meeting (Staff recommendation: Planning Commission action requiring street improvements consistent with City policy on subdivision cases be upheld; and that the applicant, Mr. Rodriguez, be invited to submit a "Request for Deferral," as provided for in connection with a Building Permit. Staff would be favorable to a negotiated deferral) was presented. Planning Director Gerschler reported he and City Engineer Grahl revisited the site, restudied the case, reviewed codes and ordinances and found the original case is a parcel map which is a form of subdivision; the City Engineer and he were telling Council in long range, the streets are not adequate; they would invite Mr. Rodriguez to apply for a deferral to a later date when a 1911 Act Improvement or some other street improvement is accomplished. Moved by Morgan, seconded by Camacho, in favor of staff recommendation. Carried by unanimous vote. PLANNING COMMISSION - NOTICES OF DECISION Resolution No. 7-81, "A Resolution of the Planning Commission of the City of National City, CA., approving an application for Planned Development Permit to allow development of one additional detached single story, single family dwelling on property located at 1841 "G" Ave." Ordered filed by unanimous vote. Resolution No. 8-81, "A Resolution of the Planning Commission of the City of National City, CA., approving an application for Conditional Use Permit to allow a gymnasium and body building studio on property located at 124 East 30th St." Ordered filed by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL Councilman Dalla reported that when he was out looking at Van Ness, he noted how much better National City Junior High looks than Granger Junior High. Moved by Dalla, seconded by Morgan, a letter be sent to the Board (with copies to the people who do the work). Carried by unanimous vote. Councilman Dalla inquired of Ken Fischer, Resident Manager, N. C. Transit, who was present, how the buses are holding up. Mr. Fischer replied they were overhauling the engines and transmissions; with this work, they should be good for 2-4 years. Councilman Dalla asked if we were looking down the road to what we were going to do at that time. Mr. Fischer replied we would either be refurbishing or acquiring other buses. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous' vote. The meeting closed at 8:30 p.m. 4/21/81 103 The foregoing minutes were approved by the City Council at their regular meeting of April 28, 1981. Corrections / No Corrections CITY OF NATIONAL CITY, CALIFORNIA 4/21/81