HomeMy WebLinkAbout1980 08-05 CC MIN215
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
AUGUST 5, 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: Campbell, Gerschler,
McCabe, Montandon, 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
Moved by Van Deventer, seconded by Camacho, the minutes of the meeting
of July 29t 1980, be approved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIC S
The Mayor's proposed appointment of GEORGE DUNN, P.E., to the National
City Advisory and Appeals Board was presented. Moved by Camacho,
seconded by Van Deventer, in favor of the Mayor's appointment. Carried
by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
Item 17, letter from San Diego Transit regarding additional trip on Route
29 ($475 cost to City) was presented at this time. CLAUDE PAGE, San
Diego Transit, was present and explained the need for the additional
service: currently the buses are overloaded by the time they get to
downtown San Diego; the two buses in question start at Palm and Beyer
in South San Diego and the other one starts at 3Oth and Highland in
National City; the bus at 30th and Highland was added to take the
overload of the bus that starts farther south which was overloaded when
that bus got to National City; both of those buses carry 80-90 people by
the time they reach downtown; people in National City have not been
passed up, but it's time to try to relieve that congestion; the
scheduling department of S.D.T. discovered there was a bus pulling out
later which could be pulled a little earlier to come south and start an
hour earlier than originally scheduled. Mr. Page continued another
bus is not available, but by adding another trip onto a regular route
run, they can relieve congestion and have room for some new people who
would like to ride; they are trying to provide more service. Discussion.
Mr. Page said Chula Vista and County of San Diego will also contribute
to this added service, their portion is larger than National City's
because there is more mileage in their areas. Discussion. Moved by
Morgan, seconded by Camacho, approve San Diego's transit request.
Discussion.. Councilman Van'Deventer requested a follow-up of riderships
(monthly reports) on these buses and the new one to be sent to the
City Manager and relayed to the City Council. Further discussion,
Carried by unanimous vote,
MICHAEL SIMONDS, 1424 E. 20th Street, was present and thanked Members
of the Council and City Staff for helping Sweetwater High School Jazz
Band go to Switzerland; it was an outstanding success; the Jazz Band
would like to hold a "Thank You" Concert for the Community the 15th or
the 22nd of August; they would like to do it at Kimball Bowl. Mr.
Simonds was instructed to call the City Manager.
ED MORRISON, JR., 2315 East 32nd St., was present and stated he lives
on the north of Sweetwater Road and east of I-805; with his windows open
in this hot weather, all he hears is the constant noise of traffic; he's
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been trying to get CalTrans to plant some trees or do some landscaping
to stop some of the highway traffic noise; he was advised by CalTrans
to write a letter to J. Dekema, District Transportation Engineer,
complaining about it; he thought a letter from the City Council to Mr.
Dekema asking that area be landscaped would carry more weight. Moved
by Morgan, seconded by Van Deventer, the City Manager write a letter and
tell CalTrans and Mr. Dekema the time has come to landscape 1-805 in
National City. Discussion. Carried by unanimous vote.
MAYOR MORGAN spoke relative to K-Mart Stores locating at South Bay Plaza
and the possibility of the City's putting through "M" or "N" Avenue at
Plaza Boulevard, saying if that happens, it will eliminate the store;
K-Mart would produce 20-30 million dollars a year and this would bring
in $200-300,000 a year to the City; and recommended they let the store
know what the City plans to do. Discussion. Moved by Morgan, abandon
"Ntr Avenue in the South Bay Plaza. Planning Director Gerschler reported
he and Acting City Engineer Stracker have been working on the report;
they plan to have the report on next Tuesday's agenda; they made a
promise to K-Mart that they would discuss the City's findings with them;
K-Mart might be interested in having the streets; K-Mart promised that
as soon as the City had something to discuss, they would send their
engineers out; they are ready for that meeting and that meeting will be
this week. Discussion. Moved by Morgan, seconded by Camacho, the Planner
and the Engineer be authorized to put their recommendation on the Agenda
next week. Further discussion. Carried by unanimous vote.
MAYOR MORGAN requested Council's consideration of a measure on the
November 4, 1980 ballot; a measure asking the people of National City if
they would like to hire 6 more policemen on the swing shift; the people
would know these extra policemen will be on the swing shift; it would
be a three-year program costing $675,000.00 or $225,000.00 a year,
including benefits and top pay. Mayor Morgan added to pay for this,
the voters have to appropriate $225,000.00 a year for three years; the
voters themselves can say "yes" or "no." City Manager McCabe explained
that under Proposition 13, the Council cannot raise taxes; the only way
this could be funded would be to develop some kind of special tax, which
the legislation allows, and raise money in that manner. Discussion.
Moved by Morgan, seconded by Van Deventer, the City Manager be authorized
to make a study on hiring six police for swing shift duties and bring
it back to Council next week in preparation to putting it on the ballot
by August 22, 1980. Councilman Van Deventer said he would like a report
on the feelings of the Police Chief and what kind of deal, retirement
benefits, locked three year contract, temporary positions, lateral
transfers, etc.; problems will occur. Discussion. Vice Mayor Waters
requested the report include how well off we are financially, maybe
we could do this without having to go on the ballot. Carried by
unanimous vote.
MAYOR MORGAN proposed certain streets in the city be closed to traffic,
with residents using single entry to their homes similar to new
developments. Mayor Morgan proposed his neighborhood try it for a
period of six months. The Mayor displayed a map showing his neighborhood,
with access through "K" Avenue only; 12th, 13th, and 15th Street be
closed east of Highland Avenue. The Mayor said this would eliminate
"not wanted" persons in the neighborhood; only the residents would go
in and out; he talked to some of his neighbors and they liked it.
Questions were raised as to how the streets would be closed; the legality
of closing the streets, and difficulty of access for emergency vehicles.
The proposal was referred to the Mayor to study and come back with
specific details: how emergency vehicles (police, ambulance, and fire)
would get through, can the City close the streets legally, method of
closing the streets etc. The Mayor said he favored a six month trial
and if the people don't want it, it won't be done; he favored making
exclusive areas in National City.
PUBLIC HEARINGS
The CONTINUED PUBLIC HEARING on APPEAL of Planning Commission's DENIAL
of proposed ZONE CHANGE to CBD at 3330 and 3336 Orange Street, ZC-6-80,
was held at this time. Planning Director Gerschler reported the hearing
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was continued and referred to staff for analysis of the petitions; staff
has sent Council analysis and some maps to show the current zoning, land
use and petition locations, ED MORRISON, JR., 2315 E, 32nd Street„ was
present representing the Morrison and Knudson families on the proposed
zone change, and stated this property is located halfway between Town
and Country Shopping Center and the new May Co. Shopping Center on
Sweetwater Road; as their property is located between the two CBD zones
and next to the freeway, it should come under the CBD zoning. Mr,
Morrison outlined the present use of the property, their attempts to
lease it under the present limited zoning and their personal need for
income from the property, Discussion. Planning Director Gerschler
said staff urges that if part of the present commercial zone is going
to be zoned CBD all the area be zoned heavier; that would be a city
initiated zone change; the area would be east of the Freeway, to the
City limits on the north side of Sweetwater Road beginning with the
Morrison Property and running east about two more blocks; not all the
lots are zoned commercials the majority of the lots are still residential.
Mr, Morrison inquired if all the property owners had to be re..contacted.
Moved by Waters, seconded by Van Deventer, the public hearing be closed
and the request for this change be denied* Carried by unanimous vote.
Moved by Waters, -seconded by Van Deventer, the City initiate a zone
change and refer back to Planning for CBD zonin• all the r.•-rt now
zoned commercial on the north side a/ Sweetwater Road between the
Morrison property and the east City limits, 'Further discussion. MR.
MORRISON protested the motion and asked if he can say tomorrow his
property is CBD. He was advised not to say that. Further discussion.
Carried by unanimous vote.
Items 9 (Resolution No* 13,409) and 10 (Ordinance 8/5/80.1) were
presented at this time,
Moved by Camacho, seconded by Morgan, the Resolution be presented by
title only, Carried by unanimous vote.
Resolution No. 13,409, "RESOLUTION OP INTENTION TO APPROVE AN AMENDMENT
TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY."
Moved by Van Deventer, seconded by Camacho, Resolution No,,s130 409 be
adopted. Carried by unanimous vote, In answer to the question if this
was retroactive, City Manager McCabe answered it becomeieffective the
day the City completes all the documentation,
ORDINANCE FOR INTRODUCTION (first reading)
Moved by Van Deventer, seconded by Camacho, the 0rdiinance be read by
title only. Carried by unanimous vote.
Ordinance No, 8/5/80..1, "An Ordinance of the City Council of the City
of National City Aturhori,zing an Amendment to the Contract of the City
Council and the Board of Administration of the California Public
Employees' Retirement System."
PUBLIC HEARINGS Cont'd
The continued HEARING on INTENT TO VACATE AND CLOSE '"A" Avenue between
llth and 12th Street was held at this time, The City Clerk reported
the Certificate of Publication and Affidavit of Posting were on file.
Planning Director Gerschler reported the Planning Commission and
staff recommended approval, DOMINIC PARADISE, 1627 "I" Avenue, owner
of property on "A" Avenue, next to the new parking lot, was present
and said he goes along with the new development but he feels five
parking spaces have been taken away from him; he read a newspaper
article regarding the office building and the parking lot; there will
be more business going in there with the office building; he would like
to have a little bit of that parking. ARNOLD PETERSON, Executive
Director, Community Development Commission, was present and stated the
house Mr. Paradise owns is not affected by the street vacation; Mr,
Paradise feels that is his parking; the public owns the street. Mr,
Paradise stated he dot wa any parking spaces now; his property is
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commercial and he has two pieces of property there and if he wants to
sell it later on he wants to sell it with those parking spaces.
Discussion. Vice Mayor Waters advised Mr, Paradise that if he were to
come before Council with plans for development, he should be given
consideration for use of public parking. Moved by Camacho, seconded
by Van Deventer, the hewing be closed and the vacation on "A" Avenue
between llth and 12th be approved and all stipulations required by staff,
Carried by unanimous vote.
The PUBLIC HEARING on INTENTION TO VACATE AND CLOSE THE ALLEY located
west of Palm Avenue between 4th and 5th Street, SC-8-79 (The subject
20-foot wide alley is a "Paper" alley, unimproved, located between
4th and 5th Streets, 100 feet west of Palm Avenue) was held at this
time. The City Clerk reported Certificate of Publication and Affidavit
of Posting were on file. Planning Director Gerschler reported the
Planning Commission and staff recommend approval. No one was present
in this regard. Moved by Waters, seconded by Camacho, the public
hearing be closed and the proposed vacation of the alley located west
of Palm Avenue between 4th and 5th Street be approved and all stipulations
of staff be adhered to. Carried by unanimous vote.
The HEARING on 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) was held at this time. The City Clerk reported
the Certificate of Publication was on file. Planning Director Gerschler
reported the Planning Department recommended approval. No one was
present in this regard. Moved by Waters, seconded by Camacho, the hearing
be closed and item no. 4 (extension of Interim Ordinance No. 1708) be
approved and all stipulations of staff be adhered to. Carried by
unanimous vote.
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Morgan, the Resolutions be presented by
title only. Carried by unanimous vote.
Resolution No. 13,405, "RESOLUTION AUTHORIZING EXECUTION OF 6TH AMEND-
MENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR SERRA REGIONAL LIBRARY
SYSTEM." Moved by Camacho, seconded by Van Deventer, Resolution No.
13,405 be adopted. Carried by unanimous vote.
Resolution No. 13,406, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AUTHORIZING AND APPROVING A MUTUAL USE PARKING
AGREEMENT, 11TH STREET TO 12TH STREET ALONG "A" AVENUE, CENTER CITY
REDEVELOPMENT PROJECT, NATIONAL CITY, CALIFORNIA." Moved by Van
Deventer, seconded by Camacho, Resolution No. 13,406 be adopted.
Vice Mayor Waters stated he could not vote for that Resolution unless
they have some agreement accepting the responsibility of maintenance
and upkeep for the next 55 years. ARNOLD PETERSON, Executive Director,
Community Development Commission, was present and stated the Community
Development Commission would build, using Block Grant Funds 73 spaces,
and in the parking agreement 46 spaces would be pledged for daily use
between 8:00 a.m. to 5:00 p.m,, Monday thru Friday; the developers would
use probably less; 27 public spaces would be guaranteed all the time;
after 5:00 p.m. all 13 would be available. Mr. Peterson recommended
the City and the Community Development share in the cost of the
maintenance of the lot; it would be helpful for the development, if
an amount of "cash" would be received from the developers rather than
the incurring annual charge unto the parking facilities; that cash
would help to do the parking facilities and "A" Avenue. Discussion.
Moved by Waters, seconded by Van Deventer, the motion be amended to
include that Mr. Peterson be authorized to nesotiate 25,000 as upfront
money and the City maintain it (parking lot). Further discussion,
RON HARPER, Developer, was present and stated he feels they are re-
negotiating a sale and adding $25,000; they understood the maintenance
of that parking was included in the agreement; that was their understand-
ing. TIMOTHY J. SABO, Attorney, law offices of James Warren Beebe,
(Resolution No. 13,409, "RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT
TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY."
See Page no. 217, paragraph no. 4)
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219
Los Angeles, was present and stated he was retained by Mr. Thomas to
represent them as bond counselor in this matter; Mr. Thomas stated he
is willing to pay the $25,000 up front and proposes they change the
purchase price from $130,000 to $155,000; that way when the property is
sold, the $25,000 would be up front money to be used. Discussion.
Mr. Sabo requested Council defer action on this until they confer with
Mr. Harper. (See page no. 220, paragraph no. 7)
Resolution No. 13,407, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AUTHORIZING EXECUTION OF A COOPERATION AGREE-
MENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR
A COMMUNITY DEVELOPMENT PROGRAM, SEVENTH YEAR (1981)." Moved by Van
Deventer, seconded by Waters, Resolution No. 13,407 be adopted. Carried
by unanimous vote.
Resolution No. 13,408, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AUTHORIZING THE COMMUNITY DEVELOPMENT
COMMISSION TO PURCHASE THE NORTHWEST CORNER OF 8TH STREET AND NATIONAL
CITY BLVD. AND AUTHORIZING AND ALLOCATING FUNDS THEREFOR." Moved by
Waters, seconded by Camacho, Resolution No. 13,408 be adopted. Carried
by unanimous vote. Questions were raised about the leases and relocation.
ARNOLD PETERSON, Executive Director, Community Development Commission,
was present and stated that when a Redevelopment Agency acquired real
property in which there are located businesses, the Agency must go by
the State relocation law. Discussion.
Resolution No. 13,409, (See page no. 217, paragraph no. 4)
(Councilman Camacho left Council Chambers.)
Resolution No. 13,410, "RESOLUTION ACCEPTING AND DIRECTING THE EXECUTION
OF THAT JOINT DISPATCHING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by
Dalla, Resolution No. 13,410 be adopted. Carried by the following vote,
to. -wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None.
Absent: Camacho.
(Councilman Camacho returned to Council Chambers.)
ORDINANCES FOR INTRODUCTION (first reading)
Ordinance No. 8/5/80-1, (See page no. 217, paragraph no. 6)
NEW BUSINESS
The City Treasurer/Finance Director's request for ratification and
confirmation of WARRANT REGISTER NO. 3; dated July 29, 1980, in the
amount of $85,753.65 (Warrants Nos. 69255 through 69326); PAYROLL for
the period ending July 15, 1980, in the amount of $222,902.20; and
WARRANT REGISTER NO. 4, dated August 5, 1980, in the amount of $73,318.97
(Warrants Nos. 69327 through 69403) 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.
The City Clerk's Report of opening of SEALED BIDS, 1911 Act Improvement
of Alley No. 93, 20th Street to 21st Street, between "J" and "K"
Avenues (Sealed bids for the Improvement of 20th Street to 21st Street,
between 14J" and "K" were received up to the hour of 3:00 p.m., July 23,
1980, 4 bids were received: H.L. Foster Construction Co., $20,283.60;
T.B. Penick & Sons, $14,938.00; Sapper Construction Co., $18,889.00;
G. Spikes Masonry & Cement Construction, $14,780.00.) was presented.
For information only. Moved by Waters, seconded by Van Deventer, report
be filed. Carried by unanimous vote.
The City Clerk's Report of opening of SEALED BIDS, 1911 Act Improvement
of Alley No, 33, 12th Street to Civic Center Drive between Roosevelt
and Hoover Avenues (Sealed bids for the improvement of 12th Street to
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220
Civic Center Drive between Roosevelt and Hoover Avenues were received
up to the hour of 3:00 p.m., July 23, 1980, 4 bids were received: H.L.
Foster Construction Co., $20,820.96; T.B. Penick & Sons, $14,597,25;
Sapper Construction Co., $17,995.00; G. Spikes Masonry & Cement
Construction, $14,317.66) was presented. For information only. Moved
by Waters, seconded by Van Deventer, report be filed. Carried by
unanimous vote.
A Contract between Chula Vista Dispatch and National City listed on
Agenda as Item #5 was taken care of under Resolution No. 13,410,
(Page No. 219, paragraph no. 6)
General Services (Purchasing Division) report of BIDS - G,S. 8081-4 for
the purchase of one STREET SWEEPER (...recommend, pursuant to Municipal
Code 2.60.220 D, that this bid be awarded to Nixon..Egli Equipment
Company, Santa Fe Springs, California, in the amount of $50,000.00) was
presented. Moved by Camacho, seconded by Van Deventer, for approval.
Carried by unanimous vote.
WRITTEN COMMUNICATIONS
Letter from San Diego Transit listed on the Agenda as item no. 17 taken
care of under Public Oral Communications (page no. 216, paragraph no. 6).
OTHER BUSINESS
PLANNING
The Tentative Subdivision Map for Canyon View Condominiums, S-2-79 was
presented. Planning Director Gerschler reported the Planning Department
recommended approval. Moved by Camacho, seconded by Waters, in favor
of staff's recommendation. Discussion. Carried by unanimous vote.
CITY MANAGER - No report.
CITY ATTORNEY - No report.
OTHER STAFF - No report.
MAYOR - No report.
CITY COUNCIL
COUNCILMAN VAN DEVENTER requested the City Attorney to look into the
possibility of an ordinance controlling Fast Food locations in National
City. Moved by Van Deventer, seconded by Morgan, City Attorney to bring
back report. Carried by unanimous vote.
ADOPTION OF RESOLUTIONS Cont'd
Resolution No. 13,406 r TIMOTHY J. SABO, Attorney for Harper Development
Co., returned to the podium and stated that after some discussion, the
developer is willing to go along with paying the additional $25,000 up
front money, having the agreement adopted in that form realizing the
$25,000 will be used for the parking lot only; and the developer ag
approves this agreement assuming the Community Development Commission
later this evening approves said agreement; they also request the
Commission authorize the issuance of the SP-99 bond; it will be approved
only in principle, the terms will be negotiated later, they will be
the terms imposed upon them by the lender. Amendment to the motion
(negotiate $25,000) carried by unanimous vote. The motion (Resolution
No. 13,406) carried by un animous vote.
Mayor Morgan called an Executive Session on personnel matters at 9:51
p.m. Council reconvened at 10:02 p.m.
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ROLL CALL
Council members present: Camacho, Van Deventer, Morgan. Absent: Dana,
Waters.
ADJOURNMENT
Moved by Camacho, seconded by Van Deventer, the meeting be closed.
Carried by unanimous vote. The meeting closed at 10:03 p.m.
(:-:)/,-,........-
CITY CLRK
CI OF NATIONAL CITY, CALIFORNIA
The foregoing minutes were approved by the City Council of the City of
National City at their regular meeting of August 12, 1980.
Corrections
No corrections
CITY OF NATIONAL CITY, CALIFORNIA
8/5/80