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HomeMy WebLinkAbout1980 08-12 CC MIN222 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 12, 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, Dalia, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, McCabe, McLean, Assoc. Civil Engineer Onley and Wills (Berryman & Stephenson) 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. Frank Jordan, Highland Avenue Baptist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of August 5, 1980, be approved. Carried by unanimous vote. PUBLIC ORAL CONMhUNICATIONS ED MORRISON, JR., 2315 E. 32nd Street, was present and apologized to Council for his actions and spoke regarding Council action on his appeal of Planning Commission denial of Zone Change ZC-6-80, and read a four page letter (on file with the City Clerk). JOHN THOMPSON, 2931 E. 2nd Street, was present and complained about dust at his home due to neighbor's dirt driveway; he took some pictures to prove to Council all the dirt was there; the neighbor now taunts him by blowing his horn and backing up and spinning his wheels. Mayor Morgan advised him that the City Attorney was asked to bring a report and Council will try to work this out. MEL COOPER, 125 Harbison Ave., was present and confirmed what Mr. Thompson said. ALFRED COLOMBO, 1405 E. 30th Street, was present and spoke regarding the San Diego Tribune article stating National City had money and the Star- News article regarding a proposed ballot measure to tax property owners for more policemen; and asked if National City has so much money, why they can't pay for extra policemen. Mr. Colombo said he was the victim of two robberies, losing $9,000; he installed a burglar alarm system for $1400; on the way to Council he saw 14 police cars sitting out in front of the Police Department; he feels the public should get more protection and if the City needs cops, they should get them; the lowriders should be thrown in jail. Mr. Colombo also complained that Dempsey Dumpsters at Town and Country Shopping Center are emptied daily at 5:30 a.m.; the noise awakens him; also diesel trucks go down 30th Street at 2:00 a.m. Mr. Columbo invited Council to spend a couple of days at his home to hear the noises. BOB KESSLER, owner of the business at 706 Highland Avenue, was present and spoke regarding the closing of Highland Avenue; he has a tenant and he's afraid the tenant will go because he is losing business because of the lowrider problem, and requested Council try to do something.. PUBLIC HEARINGS The PUBLIC HEARING on RESOLUTION OF INTENTION NO. 13,380, 1911 Act Improvement of FIG COURT - GILBERT LANE westerly, District No. 203, was held at this time. The City Clerk reported the Certificate of Publica. tion and Affidavits of Mailing and Posting were on file. The City Clerk reported protests were received from: Petition protesting the project and requesting that if it is approved, sidewalks be deleted: Walter R. Ramsey, 1408 Fig Court, Francisca Fuentes, 1406 Fig Court, Micaela Nava, 8/12/80 223 1402 Fig Court, Alien Acosta, 1315 Division Street, Elodia 0. Morales, 1404 Fig Court, Velma Fleming, 1346 Fig Court, Robert C. Fleming, 1346 Fig Court, Linda Briseno, 1340 Fig Court, Dante Selvaggi, 1125 Division Street, and William Acosta, 1427 & 1429 Fig Court; letter from Ron and Linda Krehel, Krehel Enterprises, 423 Parkwood Lane, Leucadia, CA 92024 owners of Assessor's Parcel No, 551-490-19, favoring the project but protesting the cost; letter from Dante Selvaggi, Assessor's Parcel No. 551-590.17, protesting the cost; letter of request of Dante Selvaggi that his name be removed from the petition; and letter from Walter and Gladys Ramsey, 1408 Fig Court, protesting the cost, method of improvement, drainage, city contribution, sidewalks, and environmental. Associate Civil Engineer Orley was present and displayed a map of the project area showing the exterior boundaries, the area of the improvements, the parcels to be assessed and, shaded in light green the parcels protesting. Mr. Orley said the estimated total cost of construction was $208,344.20, incidental expenses $29,900.00, total estimated cost $238,244.20, total City contribution $71,431..00, leaving $166,813.20 to be assessed. Mr. Orley reported the original protest represented 54.54% (does not include Krehel) and with Dante Selvaggi removing his name from the petition (but not withdrawing letter) the protest was 21.11%. Mr. Orley displayed a chart showing the breakdown of costs of the project: Fig Court To be paid by City 30% To be paid by Dist. 70% Removals $ 420.00 $ 8,760.00 Fill 10,860.00 10,860.00 Road Construction .00 83,988.00 Sidewalks, drives & curbs .00 26,710.20 Drainage 47,251.00 15,663.00 Construction Staking 2,300.00 .00 Seal and Sand .00 1,541.00 Incidentals .00 7,900.00 Bond .00 1,400.00 Water 10,600.00 .00 Totals 71,431.00 $166,813.20 City Attorney McLean asked if Mr. Orley were satisfied every lot assessed would benefit. Mr. Orley replied that in view of the known facts, amounts and quantities, and bid prices, he was satisifed. In answer to a question as to the effect removing the sidewalks would have on the assessments, Mr. Orley answered it would be 2%, 6% of the total project, but 2% to the average assessment, RICARDO MORALES, 1440 E, 20th St., was present and protested the cost of the project (interpreted from the spanish by Councilman Camacho). JOSE FUENTES, 1446 Fig Court, was present and said although he was not against the project, the cost is steep; he is preparing to retire in two years and wants to get his bills out of the way and not assume additional expenses; and asked what his payments would be. Mr. Orley replied he would pay 1/10 of the principal annually plus two payments of 2 of the interest on the unpaid balance; the annual principal payment would be $605. WALTER RAMSEY, 1408 Fig Court was present and said his son, Tim Ramsey would speak on his behalf. TIM RAMSEY protested the improvements and the district bound.. ary; the drainage cost, the City usually paid in full for major drainage work, using City funds and matching funds, in this case the drainage represents 29% of the total cost of the improvements; the sidewalks due to the small number of people who would use them; and the fact that no initial study, environmental impact report, or environmental review was made. In answer to a question if this was a major drainage project, Mr. Orley replied it was; it covered 422 acres. Discussion. GLADYS RAMSEY, 1408 Fig Court, was present and said her husband is 67 years old and works part-time; they are on social security. Discussion. Moved by Waters, seconded by Camacho, to delete the $15,663 from the taxpayers' obligation and put it on the city's contribution. Carried by unanimous vote. ALAN ACOSTA, 1315 Division Street, was present and protested because he doesn't use that street at all, his estimated cost would be $9,941.00. Mr, Orley said Mr. Acosta owns 22,413 sq. ft. from Fig to Division. City Attorney McLean inquired if he would benefit from the drainage and Mr. Orley stated he would. RON KREHEL, 1205 Fig Court, 8/12/80 224 was present and said that he is partly responsible for initiating the project; he is for it if the City can pay more money; the City should pay more money. Mayor Morgan asked if Mr. Krehel was for the project or if he was against it; the City was going to put in no more money than what they already put in by paying all the drainage; they have a protest from Mr. Krehel and if he is protesting it they can throw the project out tonight or he can remove his protest. Discussion. Moved by Morgan, seconded by Camacho, the increased drainage cost we authorized will be all the money that the City will add to this Fig Court 1911 Act. Carried by unanimous vote. Further discussion. TONY VILLAFRANCO, 1251 Division, was present and stated he is in favor of the project; properties will double in value with the 1911 Act. Further discussion. Mr. Krehel stated he was in favor of the project and withdrew his written protest. LIBERO SELVAGGI, was present on behalf of his brother Danny, and withdrew his protest. GLADYS RAMSEY, 1408 Fig Court, asked Way the City doesn't improve the foot of Fig Ct. TIM RAMSEY, asked Council to reconsider eliminating the sidealks as part of the district; it is more substantial than 2%. In answer to the question, what percentage the sidewalk elimination would be, Mr. Onley stated the sidewalk is assessed directly against the property it is contiguous to, so percentage -wise it could be a larger figure; the Ramsey's cost would be $600.00. Moved by Morgan, we remove the Ramsey's sidewalk portion from the assessment. City Attorney McLean advised the Mayor the sidewalk is either in or out, the law does not permit taking one portion out. Motion withdrawn. Tim Ramsey, added that there is no Environmental Impact Report or initial study on this project at this time. LINDA KREHEL, 1205 Fig Court, was present and said they started the petition for the reason that children use Fig Court to wal,ciext school; they have a letter from the Principal stating the children/tod to use Fig Court to go to school because other streets are dangerous to cross. RON KREHEL, returned to ask questions and was advised to see staff during the day. Moved by Waters, seconded by Van Deventer, the Public hearing be closed and the Resolution of Intention Fig Court District No. 203 and all stipulations of staff be adhered to and approved. Discussion re not permitting the project to proceed without an environmental review. Carried by unanimous vote. The Public Hearing on the proposed AMENDMENT TO MUNICIPAL CODE CHAPTER 18.16 (required yards and setbacks) to reduce required yards within the commercial, tourist (CT) zones, case file no. A-2-80 (The Planning Commission, at their meeting of July 14, 1980, took action to recommend to the City Council that Municipal Code Section 18.16.310, Table 7, be amended to read as follows: ZONE - CT: FRONT YARD - 10a; SIDE YARD - Ob; REAR YARD - 0; EXTERIOR SIDE YARD - 5; this section of the code presently requires a front yard of twenty-five (25) feet, a side yard of ten. (10) feet, a rear yard of ten (10) feet, and an exterior side yard of 10 feet) was held at this time. Planning Director Gerschler reported Planning Commission and staff recommend approval. The City Clerk reported the Certificate of Publication was on file. No one was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed and the amendment to the Municipal Code Chapter 18.16 required yards and setbacks to reduce required yards within the commercial, tourist (CT) zones, Case File No. A-2-80 be approved and all stipulations of staff be adhered to. Carried by unanimous vote. Mayor Morgan called a five minute recess at 9:02 p.m. Council reconvened at 9:07 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,411, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (1840 Prospect Street)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13.411 be adopted. Carried by unanimous vote. 8/12/80 225 Resolution No. 13,412, "RESOLUTION OF AWARD OF CONTRACT (Assessment District No. 207, Alley No. 33, 12th Street to Civic Center Drive, between Roosevelt Avenue and Hoover Avenue)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,412 be adopted. Carried by unanimous vote. Resolution No. 13,413, "RESOLUTION OF AWARD OF CONTRACT (Alley No. 93, 20th Street to 21st Street between "J" and "K" Avenues, Assessment District No. 204)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,413 be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for ratification and confirmation of WARRANT REGISTER NO. 5, dated August 12, 1980, in the amount of $42,000.74 (Warrants Nos. 69406 through 69473) and PAYROLL for the period ending July 31, 1980, in the amount of $209,938.24 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 Application for ORIGINAL, TYPE 41, ON -SALE BEER AND WINE LICENSE authorizing the sale of beer and wine for consumption on a bonafide public eating place type premises, plus the sale of beer and wine for consumption off the premises where sold of Ellicea C. Murtagh, dba "DOCTOR'S OFFICE", 841 National City Boulevard, National City, (Staff recommendation: ...no objection to the license provided the conditions of the present license are included on the new license, which are: 1. No live entertainment permitted on or in the premises; 2. Annual sales of alcoholic beverages shall not exceed annual sale of food; 3. No dancing permitted on or in the premises; 4. No sale of alcoholic beverages for consumption off the premises where sold; 5. No more than one pool table allowed on or in the premises; and, Building & Housing Director's recommendation ...Since the permittee, Ellicea Murtagh, has failed to comply with notices from San Diego County Health Department it has been requested that City Attorney McLean file a criminal complaint.) was presented. City Attorney McLean recommended the license be protested for the reasons stated in the staff reports. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The Applications for TYPE 41, ORIGINAL, ON -SALE BEER AND WINE LICENSE authorizing the sale of beer and wine for consumption in a bonafide public eating place type premises plus the sale of beer and wine for consumption off the premises where sold and; TYPE 21, TRANSFER (PREMISES) OFF -SALE GENERAL LICENSE authorizing the sale of beer and wine and distilled spirits for consumption off the premises where sold of Claudia M. and Richard D. Rathburn, dba "C.J.'S DELI AND SPIRITS", 2030 National City Boulevard, Suite B, National City, (Staff recommenation ...it would be the police department's recommendation that the Type 41 license have the following conditions: 1. No sale of alcoholic beverages at location of Type 41 license after 10:00 p.m.; 2. Yearly annual sale of alcoholic beverages shall not exceed annual sale of food; 3. No bar shall be installed over which alcoholic beverages will be served; 4. No pool table or coin operated amusement machines; 5. No live entertainment or dancing.) were presented. City Attorney McLean recommended the licenses be protested for the reasons stated in the staff report. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The Acting City Engineer's TRAFFIC AND CIRCULATION ANALYSIS of SOUTH BAY PLAZA EXPANSION (The traffic study was requested by the City to aid the developer of South Bay Plaza in expansion and to assist the City in developing a logical traffic circulation and access to the already existing developed area and the proposed expansion site.) was presented. City Manager McCabe recommended the City Planning Director and the Acting City Engineer be directed to meet with the South Bay Plaza Developer and work out a mutually acceptable solution to this problem. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Vice Mayor Waters requested other people who would be affected, such as Mrs. Knight be contacted. 8/12/80 226 The Acting City Engineer's report on 1911 Act Petition for improvements on 17th Street and "M" Avenue (Staff recommendation: ...this project will require street improvements, drainage works and easements; there will be a city contribution for the drainage) was presented. Moved by Waters, seconded by Van Deventer, in favor and instruct staff to proceed. Carried by unanimous vote. A REQUEST from the NATIONAL CITY LIONS CLUB to hold their Annual Picnic at Kimball Park and to serve beer (the National City Lions Club is requesting approval to hold their annual picnic in Kimball Park and serve beer; the picnic hours will be from 10:00 a.m. to 4:00 p.m. on August 24, 1980; a Temporary Use Permit for this event has been processed and approved by the Police, Fire, Planning, Finance, Park & Recreation and Building Departments) was presented. Moved by Van Deventer, seconded by Waters, in favor of staff recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Dana, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Vice Mayor Waters said the Lion's Club is going to clean up after the picnic. OTHER BUSINESS The recommendations of the STREET TREE AND PARKWAY COMMITTEE from their meeting of July 17, 1980, (Staff recommends the following trees be removed: 1 black acacia on 241 "F" Avenue; 1 eucalyptus on 18th & "N"; 1 brisbane box on 3222 Menard) was presented. Moved by Waters, seconded by Camacho, report be filed and approved. Carried by unanimous vote. CITY MANAGER CITY MANAGER MCCABE reported receipt of a request from MAAC Project Community Productions and San Diego Old Mission Players for use of Kimball Community Building for performances on August 22-23 of MY COUSIN JOSEFA and recommended approval and all fees but custodial be waived. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommend- ation. Carried by unanimous vote. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL VICE MAYOR WATERS spoke regarding lowriders on Highland Avenue on Friday nights and stated this should be stopped; Council should get together and stop this problem; he's been there on Friday nights and people don't have to put up with that. COUNCILMAN CAMACHO reported the Port District awarding a contract for fencing the boat ramp area. Councilman Camacho said it's a shame to be pushed around by a handful of outsiders who use Highland Avenue; he is in favor of jailing them; he is sick of what is happening on Highland Avenue and wants the public to know Council is trying to stop this. ADJOURNMENT Moved by Camacho, seconded by Van Deventer, the meeting be adjourned. Carried by unanimous vote. The meeting closed at 9:20 p.m. CITY CLERK CI OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council National City at their regular meeting of August 19, 1 DCorrections MA CITY OF NATIONAL CITY, CALIFORNIA 8/12/80 the City of No corrections