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HomeMy WebLinkAbout1980 07-15 CC MIN202 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 15, 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: Dalla, Van Deventer, Waters, Morgan. Absent: Camacho. Administrative officials present: Ballard, Campbell, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Asst. City Manager Ballard followed with invocation by the Rev. S.O. Francisco, Paradise Valley Seventh Day Adventist Church. APPROVAL OF MINUTES Moved by Waters, seconded by Van Deventer, the minutes of the adjourned meeting of June 24 and the regular meeting of July 1, 1980, be approved. Carried by unanimous vote, Absent: Camacho, Moved by Waters, seconded by Dalla, the minutes of the regular meeting of July 8t 1980, be approved. Carried, by the following vote, to -wit: Ayes: Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer. Absent: Camacho. PUBLIC ORAL COMMUNICATIONS FRED PUHN, 425 Shell Avenue was present and said he hated to come here to complain; what he needed was enforcement of City regulations; as a result of the development of Shell Manor, three things could damage his property: 1. when they put in Shell Ave., they destroyed the berm so the water channeled down 4th St. comes across his property and will wipe out both of his driveway entrances to the street; 2. the land adjacent to his is owned by the developer and is over -grown with weeds, a fire hazard; 3. when they put in Shell Ave., they modified Shell Ave. to suit them- selves and cut away the driveway of the adjacent property and the tenants there have to cut across his (the Puhn's) property to get to the street, it has been that way for over a month. Mr. Puhn continued he had talked to Mr. Gerschler and Mr. Stracker about it and they said they would contact the developer; he has heard nothing; he would like to have a grader come in there. Moved by Morgan, seconded by Van Deventer, staff be authorized to see this is made safe. Carried by unanimous vote. Absent: Camacho. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Waters, the resolutions be read by title only. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,392, "A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF NATIONAL CITY REOUIRE 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 (19th Street, Granger Avenue to Rachael.)" Moved by Van Deventer, seconded by Waters, Resolution No, 13,392 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,393, "RESOLUTION AMENDING CONTRACT FOR TECHNICAL ENGINEERING SERVICES WITH BERRYMAN & STEPHENSON, INC." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,393 be adopted. Carried by unanimous vote. Absent: Camacho. 7/15/80 203 Resolution No. 13,394, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A RIGHT OF ENTRY (Plaza Bonita Road)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,394 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,395, "RESOLUTION OF AWARD OF CONTRACT (19th Street, Granger Avenue to Rachael Avenue, Assessment District No. 190.)" Moved by Van Deventer, seconded by Dalla, Resolution No. 13,395 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,396 •. See Paragraph 2, Page No. 204. Resolution No. 13,397 - See Paragrah 2, Page No. 204. Resolution No. 13,398, "RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE NATIONAL CITY FIREFIGHTERS ASSOCIATION FOR A TWO-YEAR PERIOD JULY 15, 1980 - JUNE 30, 1982." Moved by Van Deventer, seconded by Waters, Resolution No. 13,398 be adopted. Carried by unanimous vote. Absent: Camacho. INTRODUCTION OF ORDINANCES Moved by Van Deventer, seconded by Dalla, the ordinance be read by title only. Carried by unanimous vote. Absent: Camacho. Ordinance No. 7/15/80-1, "An ordinance of the City of National City, California, providing for readable prices on packaged consumer commoditites." OLD BUSINESS NATIONAL CITY RODEO ASSOCIATION'S request to hold a rodeo in El Toyon Park on October 3-5, 1980 (Staff recommendation: That this application be denied due to the concerns expressed by the Parks and Recreation Depart- ment, Public Works Department and the Chief of Police) was presented. Vice Mayor Waters said he had quite a few phone calls from Pop Warner to the effect that if the City gave the use of the park for a rodeo, there would be no football this year; the Rodeo Association should get with the Park Dept. sometime between December and March; they ought to look over the schedule and find a time that will not interfere with anything. Councilman Van Deventer addressed Park Supervisor Miyoshi who was present, asking if Pop Warner football could be transferred to another park during the period the Rodeo Assn. might be using El Toyon Park. Mr. Miyoshi replied they would have to move the goal posts, crowd control fencing, and bleachers, there would be a problem with parking. Councilman Van Deventer, inquired about the use of Las Palmas Park. Park Supervisor Miyoshi said they have Girls' Softball. JAY LUDLOW, Vice Pres., Spurs and Saddle Assn., was present and said the rodeo had been held for five years in Kimball Park; the last three years there was no rodeo; this looks like it might be it; he would like to see a rodeo in the City. Vice Mayor Waters said he had nothing personal against the rodeo; he was one of their first members; but now they are remodeling Kimball Park; the rodeo would have to be scheduled so as not to interfere with scheduled events; it is a public park and everyone is entitled to use it. Mayor Morgan said he had looked at the whole thing carefully and it looked to him as though the rodeo will not fit in there because of damage that it would do to the park. ED DEBACA, 5916 Lauder St., San Diego, Pop Warner Football, was present and said Pop Warner runs from August through December 1; so far as moving them, it is not feasible or justified. Mr. DeBaca spoke of their concession shack which is permanent and could not be moved. Mr. DeBaca gave a protest petition against the use of El Toyon Park by the Rodeo, signed by 79 persons living in the vicinity of El Toyon Park, to the City Clerk. Mayor Morgan asked Mr. Ludlow if there was any possibility of holding the rodeo some place in Spring Valley. Assistant City Manager Ballard reported a member of the Optimist Club telephoned him and offered the use of Optimist controlled property in Bonita for the rodeo and suggested Mr. Ludlow get in touch with him. BOB COOPER, NCPD, Member of the Board Spurs and Saddles, was present and spoke in favor of holding 7/17/80 204 the rodeo at Kimball or El Toyon Park and suggested the City build a fairgrounds. Discussion. Moved by Morgan, to go along with staff recommendation. Died for lack of second. Moved by Van Deventer, seconded by Waters, the City Manager's office meet with representatives of the rodeo association and the gentlemen from the Optimist Club and take a week to do that. Carried by unanimous vote. Absent: Camacho. PUBLIC HEARINGS The PUBLIC HEARING on RESOLUTION OF INTENTION NO. 13,343, for the 1911 Act Improvement of ALLEY NO. 78, 18th Street to 20th Street between N Avenue and 0 Avenue, Assessment District No. 202 was held at this time, The City Clerk reported the Affidavit of Posting, Affidavit of Mailing and Certificate of Publication were on file. The City Clerk read a letter of protest from Carole Meyer, 1933-35 N Avenue. Civil Engineer Associate Orley was present and displayed a map of the assessment district Mr. Onley pointed out the area to be improvej and said the work to be done was grading and paving; each piece of property in the district would derive benefit; the estimated cost of the work, including incidental expenses is $27,274; the City has budgeted the sum of $1,186 as a contribution toward said cost. Mr. Onley said this is the public hearing where any and all persons having any protest or objection to said proposed work or to the extent of said assessment district, or to the proposed grades, may appear before the City Council and show cause why said proposed work should not be carried out in accordance with the Resolution of Intention; protests or objections must be in writing and delivered to the City Clerk not later than the hour set for this hearing. Mr. Orley reported only one protest (Meyer) had been received as of 5:00 p.m., that property was shown in green on the map and amounted to a 5% protest. MANUEL RAMOS, 1820 0 Ave., was present and spoke in favor of the improve- ment. The daughter of LUPE CARRILLO, 1817 & 1827 0 Ave., was present and protested on behalf of her mother, saying her mother was on a fixed income (Social Security) and it would be difficult for her to pay for the two properties. Moved by Waters, seconded by Van Deventer, the public hearing be closed and Resolution of Intention No. 13,343, Assessment District No. 202t Alley No. 78, 18th Street to 20th Street, between N Avenue and 0 Avenue be approved. Discussion re how payments are made (particularly for people on fixed income); debt owed by the property owner to the bondholder who can foreclose; payments are 1/10 each year over a 10 year period plus 6% interest of the balance of principal; typical annual payment for this district would be about $175 plus interest Motion carried by unanimous vote. Absent: Camacho. Resolution No. 13,396, "RESOLUTION ORDERING WORK (Alley No. 78 from 18th Street to 20th Street, between N Avenue and 0 Avenue) ASSESSMENT DISTRICT NO. 202." Moved by Van Deventer, seconded by Waters, Resolution No. 13,396 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,397, "RESOLUTION ADOPTING WAGE SCALE (Alley No. 78 from 18th Street to 20th Street, between N Avenue and 0 Avenue) ASSESSMENT DISTRICT NO. 202." Moved by Van Deventer, seconded by Waters, Resolution No. 13,397 be adopted. Carried by unanimous vote. Mayor Morgan recognized TROY SHIPMAN who was present in the audience, saying Mr. Shipman was within the Assessment District No. 202, was 90 years old, and grew fine fruits and vegetables. NEW BUSINESS Renewal proposal for AUDITING SERVICES (Diehl, Evans and Company) for the fiscal years ending June 30, 1980, 1982 and 1983 (...present auditor, Wayne Carroll has merged his practice into Diehl, Evans and Company, a large governmental auditing company; Mr. Carroll will remain our auditor but will have additional experts to give assistance. City Treasurer/ Director of Finance recommended the proposals be approved for the 1980/81 fiscal year.) was presented. Moved by Van Deventer, seconded by Waters, in favor of the renewal. Carried by unanimous vote. Absent: Camacho. 7/15/80 OTHER BUSINESS 205 PLANNING The EXTENTION of Interim Ordinance No. 1708, prohibiting the division, by sale or ground lease, of commonly developed parcels and providing for the approval of such divisions with the approval of Conditional Use Permits and recommending the matter be set for public hearing on August 5, 1980 was presented. Moved by Waters, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. Absent: Camacho. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL VICE MAYOR WATERS reported he turned over to the Assistant City Manager a complaint he received today on the moving of a house through the City; the house was being moved about 11 a.m. down Euclid and Fourth and on the way it tore away cable TV and power lines. Mr. Waters said he would like to see the City Manager look into that to see if they have permits, or what is the policy, and if there is no policy one be set. COUNCILMAN VAN DEVENTER reported he read in today's newspaper about a bill that was on the Governor's desk for signature, a bill that would affect A.B.C. protests; this bill was discussed and supported by 7-Eleven Stores. Mr. Van Deventer said we should look into that bill; maybe it is too late; it would take a lot of power away from the cities. Discussion. Moved by Van Deventer, seconded by Dalla, a letter be written to the Governor in opposition to the bill. Carried by unanimous vote. Absent: Camacho. ADJOURNMENT Moved by Waters, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. Absent: Camacho. The meeting closed at 8:17 p.m. CITY CLER CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City at their regular meeting of July 22, 1980. Corrections E214170 corrections CITY OF NATIONAL CITY, CALIFORNIA 7/15/80