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HomeMy WebLinkAbout1981 05-05 CC MIN107 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 5, 1981 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: 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 Mayor Morgan. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of April 28, 1981 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed Proclamation of "BETTER HEARING AND SPEECH MONTH, May, 1981" was read. Moved by Camacho, seconded by Van Deventer, the Proclamation be approved. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Dr. Julian Lopez, Assistant Superintendent, Sweetwater Union High School District, who thanked the Mayor and Council on behalf of the California Speech and Hearing Association. The Mayor's proposed Proclamation of "MUNICIPAL CLERKS WEEK, May 10-16, 1981" was read. Moved by Waters, seconded by Van Deventer, the Proclamation be approved. Carried by unanimous vote. Mayor Morgan presented the Proclamation to the City Clerk. The Mayor's proposed Proclamation of "GIRLS CLUB WEEK, May 10-17, 1981" was read. Moved by Waters, seconded by Camacho, the Proclamation be approved. Carried by unanimous vote. (The Proclamation will be presented later to Ida Mae Kerr, President, National City Girls Club.) The Mayor's proposed Proclamation of "POPPY DAYS, May 15 and 16, 1981" was read, Moved by Camacho, seconded by Van Deventer, the Proclamation be approved. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Jack Brown. Mayor Morgan presented a "Key to the City" to the former Miss National City, Margaret Jurdo, and thanked her for the outstanding job she did last year. PUBLIC ORAL COMMUNICATIONS E. B. Murphy, 1425 "K" Ave. was present and spoke regarding the Ordinance on maintenance of lateral sewers; Mr. Murphy feels the City is not assuming their share of the responsibility. Asst. City Manager Ballard replied that the staff is in the process of evaluating the City's policy. Mayor Morgan assured Mr. Murphy this would be coming up at Council in a few months. Betty Krason, 1415 "D" Ave. was present, representing the American Legion, and invited Council and City officials to a memorial service at La Vista Memorial Park, May 24th, at 2:00 p.m., and asked Mayor Morgan to lead the pledge to the flag. Mayor Morgan said he would be happy to do it. 5/5/81 108 ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Dalla, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,553, "A RESOLUTION SUPPORTING RATIFICATION OF THE PERIPHERAL CANAL REFERENDUM." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,553 be adopted. Carried by unanimous vote. Resolution No. 13,554, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (a portion of "C" Ave. - Manuel H. and Rozelia Chaidez)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,554 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,555 "RESOLUTION DEDICATING CITY -OWNED PROPERTY (a portion of "C" Ave.) FOR STREET PURPOSES." Moved by Camacho, seconded by Dalla, Resolution No, 13055 be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 43, dated May 5, 1981, in the amount of $368,003.79 (Warrants Nos. 72195 through 72260) was presented. Moved by Camacho, seconded by Van Deventer, 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, dropping partner, Type 20, of Yacoub Y, Bazzi, dba COZINE'S GROCERY, 402 Civic Center Dr. (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. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The REQUEST of the NATIONAL CITY AMERICAN LITTLE LEAGUE BASEBALL ASSOCIATION to serve alcoholic beverages, and use of the Kimball Community Bldg., June 6, 1981, 7:00 p.m. to 1:00 a.m. (Request for waiver of fees and serving of alcoholic beverages for a "Get Acquainted" dance fund raiser with approximately 400 adults expected to attend. Staff recommends approval of request to serve alcoholic beverages subject to the following stipulations: 1. Applicant shall obtain a Use Permit from Dept. of Alcoholic Beverage Control, copy to be filed with Public Works Dept. prior to the event; 2. A Certificate of Insurance [personal liability and property damage in the amounts of $100,000 for a single occurence and $300,000 for multiple occurences] naming the City as co-insured shall be submitted; 3. Security arrangements shall be approved by Chief of Police; and waiver of fees be denied.) was presented. Moved by Dalla, seconded by Van Deventer, in favor of staff's recommendation. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The request of Ruben Madrigal (CITY CAB) for TAXI CAB PERMIT and the City Manager's recommendation a Public Hearing be set were presented. Moved by Van Deventer, seconded by Camacho, the Public Hearing be set. Carried by unanimous vote, (Public Hearing set for May 26, 1981, 7:00 p.m.) The City Engineer's recommendation of approval of CONSTRUCTION CHANGE ORDER NO. 1, Assessment District No. 203, Fig Court was presented. Moved by Van Deventer, seconded by Dalla, the request be approved. Discussion. Councilman Waters suggested the City Engineer look into the problem of change orders necessitated by soil conditions and come back to Council with recommendations. City Engineer Grahl said he would look into it. Carried by unanimous vote. 5/5/81 109 The PETITION for ALLEY IMPROVEMENTS by special assessment (1911 ACT) - Alley 11 from Highland to "I" Ave. between 4th and 5th Streets, including grading and paving (filed with the City Clerk on April 28, 1981) was presented. Moved by Dallas seconded by Van Deventer, the petition be referred to the City Engineer. Carried by unanimous vote. The CLAIM FOR DAMAGES of AZZAN DAVIS arising from an incident on January 22, 1981, was presented. Moved by Camacho, seconded by Van Deventer, the Claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS PLANNING SOUTH BAY GARDEN TOWN HOMES' request for Council approval of "AS BUILT" PLANS for the 12-unit condominium project at 225 East 26th St. (Council approved development of 12 condominium units on 9/11/79; by letter of 4/27/81, the proponent is requesting Council approval of "as built" plans for this project because of changes made that do not agree with the approved "site plan."; on 4/8/81, in conjunction with the proponent's second request for final inspection of the project fourteen discrepancies were noted and made available to the developer on the same date. Staff finds these discrepancies are "substantial changes" from the approved Planned Development Permit; substantial changes for approved PD Permits require formal amendments of those permits; National City Municipal Code Secs. 18.126.010 and 18.116.180 require a new Public Hearing by Council to modify an approved PD Permit; such proceeding could be initiated only by Council;applicant has the option of filing a new PD Permit application with the Planning Commission and taking it through the Public Hearing sequence; if neither option is approved, the project will have to be completed in accordance with the original plans; Staff recommends the letter be filed.) was presented. Planning Director Gerschler reported the deficiencies identified on 4/8/81 do not comply with the approved plan; the approved plan can be modified or amended only by new Public Hearing; staff recommends the letter be filed. Moved by Morgan, seconded by Van Deventer, staff's recommendation be approved. Mayor Morgan commented the only way Council will be able to control overbuilding is to establish policy on R4 property: first unit 5,000 feet, second unit 4,000 feet, and additional units 3,000 feet. Discussion re 1-gallon shrubs having been planted rather than 5-gallon as approved, importance of open space, tight dollars, and that although it might be awkward and expensive for the developer to comply, it could be done. PETER HILL, 15764 Circle Diegueno, Del Mar, H & F Development, was present and said his letter to the Planning Department stated they could take care of all of the discrepancies, but asked for approval of two and there were reasons for those changes: 1. The site plan shows a pool and jacuzzi; they installed a larger pool area and pool, considerably larger than shown on the site plan; he went over this with Dave Sii-n and thought it was all right; a jacuzzi can be installed if required; 2. The backyard is fenced two feet shorter than shown on the site plan; their grading plan was done after the site plan and the backyard, beyond the fence, has a 2/1 slope ending in a drainage swale; the fence was placed back two feet so that no child playing in the yard could fall on this 2/1 slope and run into a stucco wall. Mr. H:till added the 1-gallon shrubs were installed in error by the landscaping coat .actcr and could be changed. Several members of Council expressed a desire to visit the site. Moved by Morgan, seconded by Camacho, this be laid over for one week. Discussion. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER The City Manager reported the requested study and report on lease bonds is complete and suggested this be brought up at meeting of Parking Authority when appropriate. 5/5/81 110 CITY ATTORNEY - No report. OTHER STAFF City Engineer Grahl requested permission to work with property owner's real estate broker on contract dealing with improvements on Division Street; the contract between the City and the property owner is not clear and he requested permission to work with the City Attorney and return to Council next week with this document in a clear form. MAYOR Mayor Morgan instructed the City Manager to raise Council pay in the 81-82 budget, or as soon as possible under state law. Mayor Morgan reported he read in the paper that the City was suing a church; he does not wish to stand in the way of a lawsuit, but would rather negotiate than enter into a law suit with a church. City Attorney McLean explained action taken and reported the church was operating a school without a special use permit; staff spent considerable time explaining to the minister what was necessary to secure this permit; the minister agreed and applied for the permit, but at the last minute, hired an attorney, who wrote a letter stating there was nothing to negotiate; the church was exempt from city law. CITY COUNCIL Vice Mayor Van Deventer disclosed he owned a piece of property covered in Berryman and Stephenson contract on last week's agenda. A communication from Vice Mayor Van Deventer recommending funding be allocated in 81-82 budget for an annual "Appreciation Night" Dinner honoring the City's board and commission members and their spouses, was presented. Moved by Waters, seconded by Camacho, this be referred to the Finance Committee. Carried by unanimous vote. A letter addressed to the Mayor and Council from Vice Mayor Van. Deventer, Councilman Camacho and CDC Exec. Dir. Peterson, relative to the meeting with Dr. Ury regarding a parcel (117' x 156') at the Southeast corner of 7th St. and National City Blvd. was presented. Councilman Camacho said the letter would be put on the Mayor's desk so he could look at it, and perhaps it could be discussed during the Community Development meeting, so that Mr. Peterson could participate in the discussion. Vice Mayor Van Deventer said he agreed with this. Mayor Morgan asked Councilman Camacho, and Vice Mayor Van Deventer to notify Mr. Peterson. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 7:00 p.m., May 12, 1981. Carried by unanimous vote. The meeting closed at 4:42 p.m. The foregoing minutes were approved by the City Council at their regular meeting of May 12, 1981. / Corrections No Corrections YOR CITY OF NATIONAL CITY, CALIFORNIA 5/5/81