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HomeMy WebLinkAbout1980 02-19 CC MIN96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 19,1980 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, Dallas Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, Hoffland, 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 Dr. John Bontrager, Paradise United Church of Christ. APPROVAL OF MINUTES Moved by Waters, seconded by Van Deventer, the minutes of the regular meetings of Januury 8, 1980 (Rev.) and Januarj 15 1980 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS PAUL MARSHALL, 3026 East 19th Street, was present and spoke in regard to the 1911 Act proposed for his street, saying the property owners are being assessed for excavation in the amount of $16,656.00; he talked to Mr. Orley who told him the major part of the excavation costs was the hill (about a third of the way down 19th Street), as you go over and crest the hill, you can not see over the hood of the car; the hill is a hazard; he was told a long time ago that something would be done about it; it belongs to the City; it does not belong to the property owners; he could almost guarantee that if there was a serious accident there, the City would be included in a negligence suit of some sort; they were told at the meeting three years ago that something had to be done about that hill and that something would be done; the City was going to take care of the expenses because it was their obligation; it is still the City►s obligation but the City is not contributing toward the removal of the hill; the hill is supposed to be brought down about five feet and the dirt moved so that the hill no longer exists and is no longer a danger; a cost of $16,656.00 is assessed against the property owners, the City is not putting up anything toward those costs; it isn►t right. Mr. Marshall spoke about the removal items; he talked to Mr. Onley again; the removal items are: trees, fences, the things that are in the way that have to be moved in order to widen the streets in some areas where it is quite narrow; they were told sometime ago that the City would take care of the removal; it is immaterial to him who does it or who takes care of it; there is a $15,368.00 charge against the property owners for having it done and the City has not contributed anything towards it; he has a memo from the City Planning Department, a staff evaluation, dated January 23, 1979, which says the trees, shrubs, hedges will be removed; the slopes created will require that the EIC...that there be a stipulation covering the replacement or reimbursement; if they were going to reimburse, they were certainly going to take them out and pay for them at their expense; on the next page, it says that the initial study does mention that trees, if planted, would be placed on the adjoining property at the City►s expense; the Planning Department came up with this out of the clear blue sky; these were things that were mentioned at the original meeting that were jotted down somewhere and he was unable to find them; a lot of people complained about the trees being removed; the City Fathers said that if they were removed that the City will either reimburse or plant new ones, to take a choice, but that they would remove them and that it wouldn't cost the property owners a penny. Mayor Morgan said 2/19/80 97 after he talked to Mr. Marshall this afternoon, he called Mr. Onley, and Mr. Onley said that it was his intention that the Park Department would plant the trees back without any expense to property owners; that was his plan. Mr. Marshall explained the property owners were not asking for reimbursement or to have the trees replanted or anything of that sort; all they were asking for was City patrticipation in these par- ticular costs. Councilman Waters said Mr. Marshall was here last week and the City Clerk was directed to prepare a verbatim transcript of the minutes of March 22, 1977; she will have the minutes for the Council; nothing could be done until the Council gets the minutes; if the City made those obligations and those recommendations, Council is fair enough to go along with them; but they have got to see the minutes first; Mayor Morgan said...relative to excavations, they do this on every 1911 Act; they can not say that they will do this for him; they have to set a policy and carry through on a policy; if the minutes showed they had promised it, he thought they should give it to him; he would go along with that; he was very sorry that they had taken the sidewalks out... the water will get in behind the curbs and under the curbs and may get under the black top and deteriorate it; he was concerned with the walks; he personally would like to have seen them remain; the cost was not all that great; unless he had heard something — he could not change his mind; although, if the Manager came along and said, "Well, we made a mistake," and the engineer had made a mistake, and that the City should put back the sidewalks, that well, then, he would do that; but as far as adding or taking away, unless he heard strong evidence, he could not do that. Mr. Marshall said that he had a memo to the City Council dated 8/11/78, signed by Mr. Hoffland; it said if the present schedule was maintained, the project would appear ready for resolution in December, 1978; that the actual schedule for hearing date would be set by the City Clerk, upon their request, probably in November, 1978; he had been advised of this new schedule in July, 1978. Mayor Morgan asked City Engineer Hoffland to be prepared to answer that next week when there is further testimony on it. Mr. Marshall asked why it had taken a whole year which added roughly 30% to the estimate; there will be a meeting here in two weeks time; he did not want to postpone it any longer; he would like the people to have a true estimate before that time so that they could decide "Yes" or "No" on the streets. Mayor Morgan said the new estimate would be in the mail tomorrow or the next day, or would be in the process of being in the mail. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, Resolutions be read by title only. Carried by unanimous vote. Resolution No. 13,249, "RESOLUTION AMENDING RESOLUTION No. 13,233 RELATING TO TENTATIVE SUBDIVISION MAP FOR SHELL MANOR II." Discussion. Moved by Waters, seconded by Camacho, Resolution No, 13.249 be adopted. Carried by following votes, to wit: Ayes: Camacho, Waters, Van Deventer, Morgan. Nays: Da11a. Resolution No. 13,250, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAKING CERTAIN FINDINGS AND DETERMINATIONS, AUTHORIZING CERTAIN AMENDMENTS TO AN AGREEMENT AND NOTE WITH THE COP-- MUNITY DEVELOPMENT COMMISSION AND AUTHORIZING AND ALLOCATING FUNDS THEREFOR." Moved by Waters, seconded by Van Deventer, Resolution No. 13.250 be adopted. Carried by unanimous vote, Resolution No. 13,251, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUND- ARIES OF ASSESSMENT DISTRICT." (Alley No. 93, 20th Street to 21st Street between "J" Avenue and "K" Avenue, Assessment No. 204). Moved by Waters, seconded by Van Deventer, Resolution No. 13,250 be adopted: Carried by unanimous vote. Resolution No. 13,252, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS." (Alley No._93, 20th Street to 21st Street between "J" Avenue and "K" 2/19/80 98 Avenue, Assement No. 204). Moved by Dalia, seconded by Camacho, Resolution No. 13,252 be adopted. Carried by' unanimous vote. Resolution No. 13,253, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER SPACIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931." (Alley No. 93, 20th Street to 21st Street between "J" Avenue and "K" Avenue, Assessment District No, 204). Moved by Van Deventer, seconded by Dalla, Resolution No. 13253 be adopted. City Engineer Hoffland reported the petition for the project was 87%. Carried by unanimous vote, Resolution No. 13,254, "RESOLUTION OF INTENTION," (AllStreet to 21st Street between "J" Avenue and "K" Avenue,yAssNoessment0th District No. 204). Moved by Waters, seconded No. 13,254 be adopted. Carried by unanimous vote.Cacho, Resolution Resolution No. 13,255, "RESOLUTION AUTHORIZING EXECUTION OF RIB OF WAY EASEMENT FOR UNDERGROUND ELECTRICAL FACILITIES FROM 12TH STREET SOUTH 122 FEET, 10.5 FEET IN WIDTH." Moved by Waters, seconded by Camacho, Resolution No. 13,255 be adopted. Carried by unanimous vote. Resolution No. 13,256, "RESOLUTION AUTHORIZING EXECUTION OF A COOPER- ATIVE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO METROPOLITAN DISTRICT DEVELOPMENT BOARD." Moved by Waters, seconded by Camacho, Resolution No, 13 256 be adapted. Carried by unanimous vote. Resolution No. 13,257, "RESOLUTION ESTABLISHING VOTING PRECINCTS AND APPOINTING OFFICERS OF ELECTION." Moved by Van Deventer, seconded by Waters, Resolution No. 13 257 be adnnted. Carried by unanimous vote. Councilman Waters recommended;in future election officers be appointed by the City Clerk, she knows the City well and knows the people. ORDINANCE FOR INT9OPIcTION Moved by Camacho, seconded by Van Deventer, the Ordinance be read by tittlonly. Carried by unanimous vote. Ordinance No. 2/19/80..1, "AN ORDINANCE PURSUANT TO LAND USE CC)E OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-12-79) to rezone from RT (Resi- dential Two Family) to RS-1 (Residential Single Family) the Block Bounded by 22nd Street, Las Palmas Park, 24th Street, and 'N' Avenue* and Amending the Land Use Code by Adopting a Specific for a Minimum Lot Area of 7500 Square Feet win subject area ..ding NEW BUSINESS The application for transfer of RAL LICENSE, of Salim P. Talia, dba Texaspe 2Liquor, 1 s1039�Harbison F-SALE GEAvenue, was presented. Moved by Waters, seconded by Camacho, it be approved.. Carried, by the following vote, to wit: : Y A es: Van �vca�erF��itexs.Na sCamacho,Iia1 �a,"` Y None, Abstaining: Morgan. NATIONAL CITY ALTRUSA CLUB'S request for permission to serve ALCOHOLIC BEVERAGES in the KIMBALL COMMUNITY BUILDING was presented. Moved by Van Deventer, seconded by Waters, it be tiroved. Carried by the fol.. lowing vote, to wit: Ayes: Camacho, Van Deventer, Waters, and Dalla. Nays: None. Abstaining: Morgan, The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 32, dated February 19, 1980 in the amount of $117,251.26 (Warrants Nos. 67619 through 67688) was presented. Moved by Waters, seconded by Van Deventer, the demands be ratified warrants drawn and payment confirmed. Carried b Ayes. C-s-e E Dal]a : Y the following vote, to wit: s ,Van Deventer, Waters, Morgan. Nays: None* The City Clerk's report of opening of sealed bids for Solar Recovery System, Las Palmas Park (one bid only was received from 2/19/80 99 Parnell & Leonard, Inc.;BASE BID, Solar Energy Recovery System Phase No. 1, $68,542,00; with protective fencing and cover for Phase No. 1, $5,244.00; ADDITIVE BASE BID, PHASE I, Solar Panels and energy recovery system, $68,542.00 with protective fencing and cover, $5,244.00; ADDITIVE BID ITEM PHASE II, Solar Panels, $36,475,00, with protective fencing and cover, $3,231.00; ADDITIVE BID ITEM PHASE III, Solar Panels, $38,329.00, with protective fencing and cover, $3,231,00; ADDITIVE BID ITEM PHASE IV, Solar Panels, $27,191.00; with protective fencing and cover, $3,151.00) was presented. Ordered filed by unanimous vote. The City Clerk's report of opening of Drain (one bid only was received from amount of $196,827.50) was presented, sealed bids for Park View Terrace KTA Construction, Inc. in the Ordered filed by unanimous vote. PLANNING COMMISSION .. NOTICES OF DECISION The Planning Commission's resolution No. 2.80 approving an application for conditional use permit to allow a Goodyear Tire and Rubber Company retail outlet and service center within the proposed Kingston Shopping Center on property located within the 1700 block Sweetwater Road, north side across from Sweetwater Town & Country Shopping Center (CUP..1979..17) was presented. Ordered filed by unanimous vote. The Planning Commission's resolution No. 3••80 approving an application for planned development permit to allow development of a commercial shopping center containing a gross floor area of 13,650 sq. ft, (excluding restaurant building containing 4,650 sq. ft.) on property located within 1700 block Sweetwater Road, north side, across from Sweetwater Town & Country Shopping Center (PD..16-79) was presented. Discussion. Ordered filed by unanimous vote. The Planning Commission's resolution No.. 4.80 approving an appli.. cation for zone variance to allow a multiple copy free..standing pole sign, 18' in height, containing 17,92 sq. ft. of sign area, within the required 10' setback on 8th Street, in conjunction with a church on property located at 2701 East 8th Street (2..23..79) was presented. Ordered filed by unanimous vote. The City Treasurer's FINANCIAL STATEMENT for the month ending January 31, 1980, was presented, Ordered filed by unanimous vote, CITY MANAGER - No report. CITY ATTORNEY ,. No report. OTHER STAFF.. No report. MAYOR •. No report CITY COUNCIL Councilman Waters informed Council they are invited to sit through a lengthy meeting, Mcnday, the 21st, at 1:30 p.m, on the airport issue at tie Community Cone: u.rsee San DiPQQ, Councilman Waters reported h . was a .. y to ay for a pie•.eating con.. test for seven to ten..year...olds; one cl them ate a full cherry pie in nine minutes with his hands behizd his back. Councilman Watnrs said that he was concerned about a letter from the City Attorney regarding the Depot Restaurant's being used for adult 2/19/80 100 entertainment; he did not support that type of operation; and asked City Attorney McLean to'enlighten the Council as to the possibility of that type operation. City Attorney McLean reported there was a meeting of the proposed operator•.manager, an attorney who stated that he repre- sented the property owner; the Chief Investigator from the State Dept. of Alcoholic Beverage Control, representatives of the Police Dept., Councilman Camacho* himself, and perhaps some others; the gist of the conversation was that the operators intended to divert the property to uses which appeared to be illegal, that would conflict with the City's zoning laws; also, there appeared to be a conflict between the operators and ABC; but that it is something that ABC can pursue independently; there were some issues of fire safety that would probably be resolved; the operator would make the premises available for inspection; they had had no problem gaining access to the premises, but there had been a problem in the past. City Attorney McLean continued the operator stated that his proposed uses of the property would be in conflict with the City's law and his theory was that the City law was probably invalid; when pressed to state whether he would open up in violation of City law, he said they ,;-,-: ld open up as a restaurant and that they would file a suit and ha,-1 the City law declared invalid, that they would not attempt to open :ir violation of the City law; the operator was advised that if it appeared they were going to open in violation of City law, without the necessary ABC permit, that the City would move to shut them down and turn off the utility services; he has had no further contact with the operator and no further contact with any city inspectors concerning any problem they are having; and the Planning and Building and Fire people are watching the property, and if there is scnq evidence that they are going to try to open, they will observe to be :::;re that they are not in violation of the City law. Councilman Waters asked if the Council should take some action to let the operators know they do not want it. City Attorney McLean said that it had been communicated clearly, the ABC people are on top of it; if they try to open, in violation of City law, they will act in concert with the City to car e-;'ent that happening. AIIJ0U NMENT Mo" ^ by Morgan, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:00 p.m. CITY CERK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council at their regular meeting of RXXXXXXXXX2XXURRIC March 4, 1980. _reetion;, No orrections .,1410 CXr:: OF NATIONAL CITY, CALIFORNIA