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HomeMy WebLinkAbout1980 10-07 CC MIN247 MINUTES OF THE REGULAR MEET/NG OF THE CITY COUNCIL CP THE CITY CP NATIONAL CITY, CALIFORNIA October 7, 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, McLean, Stracker. 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. Hubert Campbell. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Waters, the minutes of the regular meeting of September 230 1980, be approved. Carried by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Absent: None. Abstaining: Camacho. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Dallas the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,446, "VACATION OF A PORTION OF TWELFTH STREET AT THE NORTHEAST CORNER OF PLAZA BOULEVARD AND TWELFTH STREET (SC-1-79)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,446 be _adopted. Mayor Morgan disclosed he owned property on the West side of I-305. The City Attorney advised there was no problem. Carried by unanimous vote. Resolution No. 13,447, "RESOLUTION ORDERING VACATION OF PUBLIC WAY - TWENTY•.FOOT WIDE ALLEY LOCATED BETWEEN 20TH AND 21ST STREET, BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT .AVENUE (SC.3-77)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13.447 be adopted. Carried by unanimous vote. Resolution No. 13,448, "RESOLUTION ACCEPTING COVENANT RUNNING WITI' THE LAND AND DIRECTING THE RECORDING THEREOF (2702 "C" Avenue)." Moved by Waters, seconded by Dalla, Resolution No. 131448 be adopted. Carried by unanimous vote. Resolution No. 13,449, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALI FORNI A, AUTHORIZING AND 1`PPROVING AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT RL*CK GRANT PROGRAM" Moved by Van Deventer, seconded by Dalla, Resolution No. 13,449 be adopted. Executive Director, Community Development Commission, ARNOLD PETERSON, was present and answered Council's questions re possible costs to the City and the terms of agreement. Motion carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Waters, the ordinance be presented for first reading by title only. Carried by unanimous vote. Ordinance No. 10/7/80-1, "pursuant to Land Use Code (Z-2-80, to rezone from A TL-RD [Manufacturing Light -Redevelopment Area to CT-RD ,Commerical, Tourist -Redevelopment .Area) the block bounded by 25th Street and Hoover Avenue)." 10/7/80 248 NEW BUSINESS The City Treasurer/Finance Director's request for ratification and con- firmation of WARRANT REGISTERS and. PAYROLL as follows: Warrant Register Mo. 11, dated September 23, 1930, in the amount of $70,770.96 (War -ants Nos. 60,814 through 69,902); Payroll for the period ending September 15, 1980 in the amount of $200,632.11; Warrant Register No. 12, dated Sep- tember 30, 1980, in the amount of $44,204.95 (Warrants Nos. 69,903 through 69,972); and Warrant Register No. 13, dated October 7, 1980, in the amount of $259,947.45 (T. Ck. No. 7755 and Warrants Nos. 69,973 through 70,026) was presented. Moved by Dalla, seconded by Van Deventer, the Warrant Registers be ratified and the Payroll confirmed. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. An APPLICATION for DRIVEWAY VARIANCE for a motel at 425 Roosevelt Avenue (requesting approval of a driveway onto 4th Street to provide parking lot circulation and serve as access for emergency vehicles • driveway will be closer than 11' from the West property line) was presented. The City Engineer recommended the variance be granted. Moved by Waters, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. An ENCROACHMENT REMOVAL AGREEMENT, owner Yoshiko Grasser, AP 557-342..13 (owner proposes to construct a block wall on public right-of-way; inves- tigation finds that in the interest of the public and the City, the 11 should be constructed on private property and at the property line; the wall constructed at the property line would not be of a prohibitive height and would be designed by a professional engineer who would investigate the slope conditions and the soil conditions) was presented. Acting City Engineer Stracker recommended the agreement be denied and that should Council choose to grant the encroachment, a professional engineer design the wall from the recommendations of a soils engineer's investigation. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommen- dation. Discussion re other properties on Palm where walls have been built in right-of-way, plans for future widening of Palm Avenue, question of City's ability to have wall removed and replaced at owner's expense when Palm Avenue is widened in future. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalla, Waters. A request for ENCROACHMENT to allow private SUB• -DIVISION SIGNS at the intersections of Valley Road and Reo Drive art at Highway 54 and Reo Drive (Al Wylie Sign Assoc.) was presented. Acting City Engineer Stracker recommended denial based on the fact that a 4' x 8' sign would add to signing clutter and would interfer with sighting. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. General Services, Purchasing Division, recommendation bid for TURF TRACTOR be awarded to Case Power & Equipment in the amount of $9,116.00 (Bids were solicited from 7 vendors with 3 respondents; the low bidder was Case Power & Equipment who met all specifications Lbids, certificate of publication and vendor's Affirmative Action Plan on file at Purchasing Division ; turf tractor to be used by Park Department to augment its grounds maintenance equipment) was presented. Moved by Camacho, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. The City Clerk's report of opening of SEALED BIDS September 24, 1980 for the 1911 Act Improvement of FIG COURT (Two bids were received: Griffith Co. - $299,923.00; T. S. Penick & Sons - $267,769.55) was presented. No action taken or necessary. 10/7/80 249 OTHER BUSINESS PLANNING COMMISSION .. NOTICES OF DECISION Planning Commission Resolution No. 24-80, "a Resolution of the Planning Commission of the City of National City, California, approving an appli- cation for zone variance to allow the creation of 2 lots with 21.07' and 45.24' of street frontage in lieu of the required 50' on property located at 1055 Division Street (Applicant - Pearl C. Goldman, Case File No. Z-4-80)" was presented. Moved by Van Deventer, seconded by Canacho, in favor. Carried by unanimous vote. The Traffic Safety Committee's recommendations from, their regular meeting of September 10, 1980 (1. order the installation of a handicapped parking stall on the east side of Gladiolus Drive, approximately 25' south of Division [parking will be partially in the street right•.of-wayj; 2. order the removal of east -..bound stop signs on Manchester Street at Eleanor Place and Ethel Place) was presented. Moved by platers, seconded by Van Deventer, in favor of the Traffic Safety Committee's recommendations. Discussion. Moved by Dallas seconded by Van Deventer, the motion be amended to retain the stop sign at Ethel Place. James Ledbetter, 3421 Eleanor Place, was present and said going uphill the stop signs were no more than annoyance and waste of gasoline. Discussion.. Amendment carried by the following vote, to -wit: Ayes: Canacho, Dalla, Van Deventer, Morgan. Nays: Waters. Motion carried by unanimous vote. PUBLIC HEARING The HEARING on RESOLUTION OF INTENTION NO. 13,425 for the 1911 Act Im- provement of Alleys Nos. 75, 79 and 90, Assessment District No. 209, was held at this time. The City Clerk reported the Certificate of Publication and Affidavits of Mailing and Posting were on file. The City Clerk read three letters of protest as follows: Alley 75 - Robert A. Bowler, c/o San Diego Trust and Savings, 530 Broadway, Suite 1122, San Diego, owner of parcels AP 561-172-08, -09, -10, -11, and -12; since he owns 15 of the area of property to be assessed, at least % of the owners object to improving the alley; cars are parked in alley which is therefore unusable for his tenants; estimated cost is $60,864 and the final actual assessed amount will probably be much greater and it is not fair or prudent to force property owners to pay an unknown greater cost; notice did not contain any information about the financial terms of the assessment and it is unfair to impose unknown financial terms on a property owner; the notice and proceedings appear to violate provisions of Proposition 13, now Article 13A, Sec. 1, California Constitution; notice and proceedings violate due process of law; impossible for a property owner to correctly analyze and protest said assessment. Alley 79,- Leslie J. Brodell, 1844 Palm Avenue, alley will become a race track if paved. Alley 90 - Beulah Mae Poncey, 2027 Highland Avenue, questioning the estimated costs of her assessment as opposed to neighbors' assessments; big trucks are what tear up alleys, etc. ROBERT E. ONLEY, Associate Civil Engineer, was present and displayed maps of the three alleys within the assessment district, showing the exterior boundaries, the improvements to be constructed (Alley 75 - grading, concrete paving and drainage; Alley 79 - grading and concrete paving; Alley 90 - grading and concrete paving). Mr. Orley said he had looked at each of the properties and each was benefitting in proportion to the amount of its assessment. Mr. Onley continued, the total protest on Alley 75 was 40.1 0, Alley 79 was 4.24% and Alley 90 was 15.3%. Mr. Orley said the estimated cost of construction of the improve- ments was $60,864.00 including cidental expenses and the City has budgeted the sum of $10,424 as a contribution toward the cost of the work. DONALD CULVER, 1845 "I" Avenue, was present and spoke in favor of Alley 75. Mr. Culver said it is Mr. Bowler's tenants who block the alley; they park there because the garages are used for living quarters. MRS. WINNIE MORRIS, 1837 "I" Avenue, was present and spoke in favor of the improvement. No one else was present to speak to Alley 75. Moved by Camacho, seconded by skaters, Alley 75 be approved. Carried by unanimous vote. Mayor Morgan asked if anyone was present to speak on Alley 79. There was no response. Vice Mayor Waters said what Mr. Culver said about garages being rented as living quarters should be checked. Mayor 10/7/80 250 Morgan asked Planning Director Gerschler to look into the situation. Moved by Waters, seconded by Camacho, the public hearing on Alley 79 be closed and the alley approved subject to the stipulations of staff. Carried by unanimous vote. Mayor Morgan asked if anyone were present to speak to Alley 90. Hall Sullivan representing MRS. POKEY, 2027 Highland Avenue, was present and said Mrs. Poncey was in favor of paving of the alley but did protest the cost. Mr. Sullivan asked several questions. Moved by Waters, seconded by Camacho, the public hearing be closed on Assessment District 209 and Alley 90 be approved subject to stipulations of staff. Carried by unanimous vote. OTHER BUSINESS (continued) STREET. TREE AND PARKWAY COMMITTEE The Street Tree and Parkway Committee's recommendations from their regular meeting of September 18, 1980 (1. remove 2 camphor trees due to heavy damage to the curb at 31 North "U" Avenue; 2. remove 2 palms and 1 pepper tree due to sewer and driveway problems at 1707 Wilson Avenue - there are improvements on this property necessitating correction of the problem - on deposit of S30 with the City Treasurer for replacement trees, City crews will remove and replace; Park Division staff recommends approval) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendations. Carried by unanimous vote. _... CITY N NAGER No report. CITY ATTORNEY City Attorney T?cLean recommended the City pay the past and future expense of defending the Planning Director as outlined in the letter of September 19, 1980 from Attorney Stephen M. Eckis and the City Manager establish proper accounting and billing procedures. Moved by Waters, seconded by Camacho, the City Attorney's recommendation be approved. Carried by unanimous vote, OTHER STAFF .. No report. MAYOR Mayor Morgan said (after City Attorney McLean advised the matter was public information) that he was disturbed by what he read in the Civil Service Commission minutes and he would be taking action on it. The Mayor's request for reconsideration of the Traffic Safety Committee's recommendation to red curb an area between two driveways at 307 North Highland Avenue (drive.in dairy) and the Mayor's recommendation the red curbing be removed and changed to a loading zone designation was pre- sented. Moved by Waters, seconded by Van Deventer, in favor of the Mayor's recommendation. Discussion re signs reading "Loading Zone" and limiting the parking to a stated time. Carried by unanimous vote. The Mayor's recommendation that National City join Chula Vista's suit against the California Coastal Commission was presented. Questions were asked about the extent of involvement and possible costs. City Attorney McLean said Chula Vista is asking National City to write a legal brief in support of their position. Moved by Waters, seconded by Van Deventer, in favor of the Mayor's recommendation. Carried by unanimous vote. Mayor Morgan said he may ask the Civil Service Commissioner to resign over the minutes. CITY COUNCIL Councilman Camacho thanked the City Council for extending all the court tesies to him while he was sick, for the flowers and cards, and for visiting him and cheering him up; he also thanked God for giving him another chance; and said he was happy to be back and happy to serve. 10-7. 80 251 Councilman Dalia spoke in reference to the action taken on the stop signs on Manchester earlier in the meeting and recommended the Traffic Safety Committee and the City Engineer review the progress on the hill for maybe six months and make a recommendation then whether that the second stop sign should remain or be removed. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:15 p.m. CITY CL RK CIT( OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council at their regular meeting of October 14, 1980. 0 Corrections E;(No Corrections AYOR CITY OR NATIaNAL CITY, CALIFORNIA 10.'7.80