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HomeMy WebLinkAbout1980 06-17 CC MIN182 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 17, 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, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, McCabe, McLean, Stracker. 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. Hubert Campbell. APPROVAL OF MINUTES The Agenda listed approval of the Minutes of May 27, 1980; these minutes were approved at the meeting of June 10, 1980. PRESENTATIONS AND PROCLAMATIONS The City Clerk read the Mayor's proposed proclamation, "HIRE AN EX -OFFENDER WEEK." Moved by Camacho, seconded by Waters, the proclamation be approved. Carried by unanimous vote. The proclamation was presented to Beverly Brown, Regional Manager, J,O.V,E. The City Clerk read the Mayor's proposed proclamation, "INTERNATIONAL YEAR OF DISABLED PERSONS." Moved by Waters, seconded by Van Deventer, the proclamation be approved. Carried by unanimous vote. The City Clerk read the Mayor's proposed proclamation, "NATIONAL CITY GIRLS' SOFTBALL WEEK," Moved by Van Deventer, seconded by Camacho, the proclamation be approved. Carried by unanimous vote. The proclamation was presented to Luis Natividad, President, Girls, Softball League. PUBLIC ORAL COMMUNICATIONS Councilman Camacho introduced the members of the delegation from SISTER CITY, TECATE, MEXICO, who were present: The Mayor, The Police Chief and ,*Miss Tecate". Miss Tecate invited everyone to attend Tencate En Marcha from July 3 to 13 in Tecate. The Mayor presented a handblown glass ship to Mayor Morgan. The Police Chief displayed posters announc- ing the "Feria Regional Tecate en Marcha" and left some for posting. The Mayor particularly invited all to attend on National City's day, July 4. Item 25, communication from SAN DIEGO TRANSIT, requesting approval of SERVICE AGREEMENT for FY81 prior to adoption of their approved budget (when their budget is approved and they have several months operating e experience, they will submit a "First Amendment" with necessary adjust- ments for Council approval) was presented. City Attorney McLean said he had prepared a rdeao,ut'on hat old approve the agreement. Moved by Camacho /thsecon e � �7an Lt5 vend' � g e commune a ion from gal Die o Transit be roved and the resoluio tn be read b title a . Carried by unanimous vote. Resolution No. 13,373, „APPROVING FY 81 AGREEMENT WITH SAN DIEGO TRANSIT " was read in full. Moved by Camacho, seconded by Van Deventer, Resolution No. 13 373 be ado ted. Carried by unanimous vote. PUBLIC HEARINGS The continued HEARING on the Proposed Amendment to the Fifth Year Community Development Block Grant Program and Amendments to the Small Cities Grant Programs approved by the U.S. Department of Housing and Urban Development in 1978 and 1979 to add Census Tract 32.04 to programs was 6/17/80 183 held at this time. EXECUTIVE DIRECTOR PETERSON, Community Development Commission, was present and said the purpose of the hearing was to hear from the public, particularly low income and minority persons regarding adding Census Tract 32.04; 2/3 of that Tract are of low and moderate income; Council had a related matter which would change the interest rates for home owners so as to reflect the different incomes. Mr. Peterson recommended Census Tract 32.04 be added. No one was present to speak in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed and we add Census Tract 32.04 subject to all the stipulations of staff. Carried by unanimous vote. The continued HEARING on the proposed STIELAU REORGANIZATION, consisting of the following changes of organization: annexation to the City of National City, Detachment from the Bonita-Sunnyside Fire Protection District, and Detachment from the San Diego County Flood Control District, Zone 3 was held at this time. Planning Director Gerschler reported LAFCO and staff recommended approval. No one was present to speak in this regard. Moved by Camacho, seconded by Waters, the public hearing be closed and the Stielau Reorganization be approved subject to all stipulations off f. The Vice Mayor noted that the reorganization comprised approximately nine acres and was zoned R-1. Motion carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,365, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING INTEREST RATES IN CONNECTION WITH ALL RESIDENTIAL PROPERTY IMPROVEMENT LOAN PROGRAMS ADMINISTERED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA." Moved by Camacho, seconded by Morgan, Resolution No. 13,365 be adopted. Discussion„ Moved by Camacho, seconded by Van Deventer, the motion be amended to include that the loans be 60% of the funds available for 3% interest, 10% of the 60% to be for deferred loans, 20% of the available funds for 6% interest, and 20% of the funds for 9% interest. Discussion.. Amendment carried by unanimous vote. Motion carried by unanimous vote. Resolution No. 13,366, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING AND APPROVING AN AMENDMENT TO THE CITY'S FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND TO THE SMALL CITIES GRANT PROGRAMS APPROVED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN 1978 AND 1979 BY ADDING TO EACH PROGRAM CENSUS TRACT 32.04." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,366 be adopted. Carried by unanimous vote. Resolution No. 13,367, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE DEPOSIT OF GENERAL FUND RESERVES." Moved by Waters, seconded by Camacho, Resolution No, 13,367 be adopted. Carried by unanimous vote. Resolution No. 13,368, "A RESOLUTION ADOPTING CONFLICT OF INTEREST CODES WHICH INCORPORATE BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE." Moved by Waters, seconded by Van Deventer, Resolution No. 12,368 be adopted. Carried by unanimous vote. Resolution No. 13,369, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Easements from JRACO for Sewer and Drainage Purposes)." Moved byVan Deventer, seconded by Camacho, Resolution No. 13:369 be adopted, Carried by unanimous vote. Resolution No, 13,370, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (2201 East 24th Street - Bowman)." Moved by Waters, seconded by Camacho, Resolution No. 13,370 be adopted. Carried by unanimous vote. 6/17/80 184 Resolution No. 13,371, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (3200 Highland Ave. - Teyssier)." Moved by Camacho, seconded by Waters, Resolution No. 13,371 be adopted. Carried by unanimous vote.(This duplicates Resolution No. 13,245 - 2/12/80, Resolution No. 13,372, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE 'A' AVENUE BETWEEN 11TH AND 12TH STREETS." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,372 be adopted. Carried by unanimous vote. Resolution No. 13,373 - See Page 182, paragraph no. 9. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Van Deventer, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1721 (19), "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 14.06 OF THE NATIONAL CITY MUNICIPAL CODE CREDITING THE COLLECTED SEWER PERMIT AND INSPECTION FEES TO THE SEWER FUND AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1721 (10) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. OLD BUSINESS "THE GALLERY" AUTO SALES' request to occupy a commercial MOBILE UNIT for private office facilities (...approval, of a Temporary Use Permit for a mobile unit set up as a private office for the owners; the unit was set up without benefit of a permit; owner (Millum) is attempting to comply as a result of notice from Building & Housing Dept. to obtain Temporary Use Permit and a Building Permit...Staff recommends this request be denied and the applicant ordered to remove this unit from the site, with the provision that a request for a Temporary Use Permit could be re- submitted at a later date...) was presented.. Moved by Van Deventer, seconded by Dalla, this be denied. Discussion. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. ARCHIE'S TRUCK SALES' request to use a commercial MOBILE MODULAR UNIT for temporary office facility (...Archie Spounias...requested authoriza- tion from the City Council to occupy a California state approved com- mercial mobile modular unit as a temporary office facility at 1842 Cleveland Ave...will be used in conjunction with the existing permanent office...Planning Dept. has a zoning enforcement case pending on this site; probable violations include: 1. Lot area not surfaced in accord- ance with Land Use Code; 2. Weeds growing through surfacing of lot; 3. Pennants displayed along top edge of chain link fence along Cleveland Ave. frontage; 4. All areas of the site required to be landscaped not landscaped; 5. Inadequate maintenance of landscape...Staff recommends the request be granted for a maximum period of one year subject to compliance with all applicable laws and ordinances) was presented. Moved by Morgan, it be approved. Died for lack of second. Moved by Van Deventer, seconded by Dalla, it be denied. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 49, dated June 17, 1980, in the amount of $91,340.76 (Warrants Nos. 68743 through 68813), PAYROLL for the period ending May 31, 1980 in the amount of $189,839.95; and WARRANT REGISTER NO. 50, dated June 10, 1980, in the amount of $194,711.04 (Warrants Nos. 68814 through 68889) 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. 6/17/80 185 APPLICATION for Type 20, Original, OFF -SALE BEER AND WINE LICENSE, authorizing the sale of beer and wine for consumption off the premises where sold, of Gasper David Ferrara, dba FERRERA WINERY, 2444 Southport Way, was presented.. Moved by Waters, seconded by Camacho, in favor of the Ferrera application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. APPLICATION for Type 40, Transfer, ON -SALE BEER LICENSE, authorizing the sale of beer both on and off premises where sold, of Roberta M. Brown, dba SWEETWATER INN, 1621 Sweetwater Road (Planning Department recommends protest until such time as compliance with two conditions is assured: 1. All live entertainment and dancing shall be prohibited and 2. There shall be no sale of alcoholic beverages after midnight) was presented. Moved by Waters, seconded by Camacho, the application be protested until such time as the owner fulfills the wishes of Planning staff. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The PURCHASE OF CITY -OWNED PROPERTY at 1733 ORANGE AVENUE (City Council... directed staff to negotiate exclusively with LYNN R. TURNER for the purchase,..staff recommended Mr® Turner's offer of June 11, 1980 be approved and the Mayor authorized to execute the purchase agreement based on the opinion of value received from the Appraiser [City Engineer's report of 6/12/80, appraisal of 4/4/80, and offer to purchase of Lynn R. Turner 6/11/80 attached to recommendation]) was presented. Moved by Waters, seconded by Camacho, in favor of the staff report and recommend- ation. Discussion re authorization for April appraisal when written offer dated June 11; legality of sale; procedure followed on sale of other City -owned parcels, etc, Mr. Turner was present and said there had to be an appraisal before he could present something tangible. Asst. City Manager Ballard said the Council dealt with disposing of this property and the property to the north back in November and at that time Council indicated they wanted appraisals before going to sale. Further discussion. Mr. Turner said he had approached the City two years ago relative to this property; he is landlocked; his brother sold the front piece; prior to that he did have access to the street; he would move the house within a year; 1/3 of the lot has to go to easement to provide access to the property in the rear; he needed a place to live; the City needed to get the land on the tax rolls. Acting City Engineer Stracker recommended the time for removin the house should be 6 months not at the time of Euclid Ave, extension as stated in Mr. Turner's offer to purchase) and that a removal bond should be posted. Included in motion and second. Discussion. Motion, carried, by the following vote, to -wit: Ayes:Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. The City Manager's request for an expression of City Council's INTENT in pursuing a JOINT POWERS AGREEMENT for a CITY LIABILITY INSURANCE PROGRAM (Eleven cities in San Diego County, including National City, are investigating the feasibility of the formation of a JPA for a joint liability self-insurance program...reached a point where it is necessary to firm up each city's intent to pursue the JPA.,.letter from Chula Vista's Asst. City Manager and projected pooling insurance cost spread sheet attached) and the staff be directed to continue to study the concept was presented. Moved by Waters, seconded by Camacho, in favor of the City Manager's recommendation. Carried by unanimous vote. General Services (Purchasing Division) report of BIDS - G.S. 7980-10 for installation of PATCH TRUCK DUMP BODY and related equipment (Bids solicited from 4 vendors, one "no bid" response; low bidder Guarantee Truck Bodies failed to meet specifications; next lowest bidder BEBCO met all specifications...recommend bid be awarded to BEBCO, San Diego, in the amount of $9,030.26) was presented. Moved by Camacho, seconded by Van Deventer, the recommendation be approved. Carried by unanimous vote. General Services (Purchasing Division) report of BIDS - G.S. 7980-13 for COMMERCIAL KITCHEN APPLIANCES (5 items for Kimball Community Build- ing Kitchen - Bids were solicited from 4 vendors with 4 respondents, one of which was "No Bid"; the low bidder was Interstate Restaurant Supply Company, Inc, who met all bid requirements; staff recommends the bid be awarded to Interstate Restaurant Supply Company, Inc., Los Angeles, in the amok of $2, 5-40, 84} was presented_ Moved by Van Deventer, 6/17/80 186 seconded by Camacho, the bid be awarded as recommended. In answer to a question regarding the locking of the freezer, Purch. Agent Craig Winder said it had been considered, but it would mean locking out other people. Councilman Dalla asked if there would be any problem because he does business with one of the vendors. City Attorney McLean said there would be no problem unless he had an interest in their business. Motion carried, by the following, vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla. The City Engineer's recommendation to approve CHANGE ORDER NO. 6 to the contract with L.R. HUBBARD, JR. for improvement of KIMBALL PARK PHASE II and III-B (repair electrical conduit at announcer's booth $719.90; install 12" water service for restroom $441.60; close 2 existing openings in exterior concrete wall to restroom $420.90; and remove and replace existing asphalt pavement at s/s 12th St. & B Ave. to transition to new catch basin, removal of gutter at contractor's expense $897.00; total $2, 479.40,E was presented. Moved by Waters, seconded by Camacho, in favor of the City Engineer's recommendation. Carried by unanimous vote. The City Manager/City Engineer's report on HEARING on SEVEN ALLEYS, DISTRICT NO. 208 (recommendation: Council accept the report and direct that the proceedings continue on Alleys Nos. 31, 34, 50, 100 and 105 and that Alleys Nos. 74 and 164 be abandoned.) was presented. Moved by Van Deventer, seconded by Camacho, in favor of the City Manager/City Engineer's report and recommendation. NEIL TRACE, 2207-09 Highland Ave. was present and protested Alley No. 100 (he gave written protest to the City Clerk for the record). Mr. Trace said there was more than 50% protest; he was hit with 1911 Act Improvements of Highland Avenue and 22nd Street. The Acting City Engineer said there was 34% protest at the time of the hearing. Mayor Morgan advised there would be another hearing and he could protest at that time. Frank Welle, 826-8 East 22nd St., was present and protested Alley No. 100 (Mr. Welle also gave a written protest to the City Clerk for the record.) Motion carried by unanimous vote. The NATIONAL CITY COMMUNITY RODEO ASSOCIATION'S request for permission to hold a RODEO August 22-24, 1980, in the Pony League Field at Kimball Park and that Temporary Use Permit fee, fee for use of bleachers and all other applicable fees be waived (Staff recommendation: that the Rodeo Assocation be encouraged to secure another site to hold the event and that this request not be approved based upon the concerns outlined by staff) was presented. City Manager McCabe reported staff reviewed the request and has some concern for the area; it was hoped the associa- tion could find another location to hold the event. MARION COOPER, President, NCCRA, was present and said Las Palmas would be almost impossible; all money goes to the youth of the community; he didn't understand staff's questions about space; and asked if anyone had gone down there and looked. The City Manager said he had gone down and looked and there was the recommendation from the Park Dept. Mr. Cooper said you are talking about the dirt near the tennis courts. The City Manager said he was talking about the corralling of animals and about going in there and revitalizing and the soft ball team...Mr. Cooper said he checked with the Park Dept. and was told there was nothing in conflict at that time. Park and Recreation Supt. Ruiz was present and said at the time Mr. Cooper checked he was told Pony League would not be using the area but that other schedules would have to be checked. Mr. Cooper said they have had the rodeo for the past ten years, if they don't have it this year, they will not have it again; he hoped they could explain that to these kids; you show us another site. The Mayor inquired if one of the schools could be used. Mr. Cooper replied they are afraid we will tear up their fields. The Mayor asked the City Manager if he could look around. The City Manager said he would be happy to do that but they do have certain needs. Councilman Camacho said we can not allocate parking for them anymore either; also the highrise area no longer can be used for that. The Mayor asked Councilman Camacho if he could spend some time on this in the next week. Moved by Van Deventer, seconded by Camacho, to lay this over for one week for the City Manager and Councilman Camacho to see if they can find a suitable area. Carried by unanimous vote. 6/17/80 187 A communication from EDCO DISPOSAL CORPORATION requesting an INCREASE IN RATE OF CHARGE for the COLLECTION OF REFUSE (in the amount of 350 per month for residential rates, 300 for second and each additional residen- tial unit in multiple dwellings which do not exceed 4 units, 250 per unit once a week pickup for Trailer Parks and Motels, 250 per unit once a week pickup for Apartment Houses and increases for commercial and industrial) to help offset the 35% increase approved ty the Board of Supervisors for countywide solid waste landfill fees was presented. ED BURR, President, EDCO, was present and stated they were seeking only to recover the increase in County fees and answered Councilts questions. Moved by Camacho, seconded by Waters, in favor of the request. Carried by unanimous vote. Item 25, Communication from San Diego Transit regarding proposed service agreement for FY 1980-81 - See Page 182, paragraph no. 9. The FINAL MAP - PLAZA VILLAGE CONDOMINIUM SUBDIVISION (will create a one lot subdivision containing 64 units on a 6.5 acre site; Acting City Engineer advised Map is technically correct and complies with State Subdivision Map Act, local ordinance and with the approved Tentative Map; Planning Commission approved and staff recommend approval) was presented. Moved by Camacho, seconded by Waters, the final map for Plaza Village Condominium Subdivision be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. PLANNING COMMISSION - NOTICES OF DECISION Application for Conditional Use Permit to allow subdivision of property that will create nine lots, one of which will be held in common to provide off-street parking and open space, and eight of which will have no street frontage, at 102-322 West 24th Street (Block bounded by 24th Street and 25th Street, between Hoover Avenue and Transportation Avenue. Ordered filed by unanimous vote. CITY TREASURER/FINANCE DIRECTOR The City Treasurer's MONTHLY FINANCIAL STATEMENT for the month ending May 31, 1980 was presented, Ordered filed by unanimous vote. STREET TREE AND PARKWAY COMMITTEE Recommendations of the Street Tree and Parkway Committee from their regular meeting of May 15, 1980, (1. San Diego Gas & Electric, 728 E. Fourth removal of two palms which are interfering with power lines, on condition the trees be replaced with two 15-gallon pittsporum lindulatum [victorian box]; 2. Mrs. Gene Berry, 1226 Roselawn Avenue, removal of one pepper tree because roots are lifting the driveway and presenting a hazard.) were presented. Moved by Van Deventer, seconded by Camacho, fatter. . Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL COUNCILMAN VAN DEVENTER reported he and Councilman Camacho were appointed to handle the Scrap Disposal item and they submitted a request for Council's feelings on Scrap Disposalts (new owners) to put two million dollars into this operation for improvement and 30 days for their installation and they would like to have Council approval. Moved by Morgan, seconded by Waters, to approve their request and give them a 30 day extension. Carried by unanimous vote. 6/17/80 188 COUNCILMAN DALLA requested Council support in referring the matter of handicapped parking for citizens in front of their homes to appropriate staff, Moved by Camacho, seconded by Waters, in favor of Councilman Dalla's recommendation. Carried by unanimous vote. VICE MAYOR WATERS announced that there would be a Finance Committee meeting on the Budget, Wednesday, June 18, 1980, at 3:30 p.m.; the departments heard will be: General Services, City Attorney, Personnel, Planning, Engineering, Redevelopment; on Wednesday, June 25, 1980, at 3:30 p.m., finish the budget. Mayor Morgan called an executive session at 9:26 p.m. Council reconvened at 9:38 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:39 p.m. The foregoing minutes ECorrections CITY CLE CITY•'OF NATIONAL CITY, CALIFORNIA were approved at the meeting of July, 1 0. ENo corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA 6/17/80