HomeMy WebLinkAbout1980 12-16 CC MIN37
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
December 16, 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, Dallas Van Deventer, Waters, Morgan.
Absent: None. Administrative officials present: Ballard, Campbell,
Gerschler, Grahl, McCabe, McLean.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager McCabe
followed with invocation by City Manager McCabe.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Van Deventer, the minutes of the regular
meeting of December 9, 1980 be approved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS
Mayor Morgan presented a pin to Jesus Saavedra in recognition of his
30 years of service with the City and congratulated him.
MAYOR' S APPOINTMENTS
Moved by Camacho, seconded by Van Deventer, Mr. F. George James be
appointed as the City's representative on the Port District. The City
Clerk read the Mayor's statement: "I know that some of you want to
appoint George James as our representative to the Port Commission.
Mr. James is not only a good friend of mine, but I also have a deep
respect for his ability and competence as shown during his tenure as
a member of the National City Library Board of Trustees and with his
present service in the Planning Commission. Ever since my election as
Mayor of this community, it has been my policy not to remove any citizen
who volunteers numerous hours in service to his community, and who is
doing a good job. It is a recorded fact that when two members of the
Planning Commission, Frank Perez and Al Alvarado, were voted out by the
Council, it was done without my vote, as I sincerely believed them to
be doing a good job. I don't propose to deviate from that policy now,
even though my good friend, Mr. James, is qualified for the position.
Larry Ruehle is doing an outstanding job for his community, over and
beyond the call of duty. Now let us look back through the years that
Larry has been our representative and see the numerous changes that
occurred in our tidelands, all to the benefit of National City. The
Port District built a 10,000-.foot pier, improving it by dredging to
35-foot water and extending land use with the residue. This facility
now accommodates transcontinental and overseas shipping with ease.
Street improvements„ including curbs and drainage, were instituted and
are being maintained. New industry located in our city such as the
Ackerson Ship Building Company that employs 270 people. Even though
ITT is no longer in business here, it was thriving for a time and we
hope to find a tenant in the near future. The Union Ice Company, the
boat launching ramp, park and fishing pier also deserve recognition.
Also located on the pier is a modern, container crane loading facility
that is a definite asset to our community since we have a big lumber
industry located here which brings in approximately one million dollars
per year in sales tax. Many of these tidelands businesses are privately
owned, therefore the City realizes a sizeable income from sales and
property tax revenues. This is not the case with the City of San Diego
and their loth Avenue Pier, Chula Vista, Coronado or Imperial Beach and
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perhaps that is why they are constantly changing their representatives.
The 10th Avenue Terminal is publicly owned and therefore, the City of
San Diego does not stand to gain the sales and property tax revenues
we enjoy with our facilities. Under the circumstances, it is my
opinion, that no one (elected or appointed) has ever done a better job
of looking after the interests of our City than Larry Ruehle. I have
always relied on Larry to take care of our interests and he has never
let me down and for that I am most grateful and appreciative. Further-
more, after reading the Thursday edition of the National City Star News,
I think it is time to bring back City business where it belongs: in
City Hall. It is strange (to say the least) to publicize 'decisions'
in the local newspaper when the matter hasn't even been considered,
much less decided upon. In 1966, the people of National City spent
$1,500,000 to build a City Hall for the conduct of all City business.
It is time to respect those wishes and conduct all City business at
City Hall." Carried, by the following vote, to -wit: Ayes: Camacho,
Dalla, Van Deventer, Waters. Nays: Morgan.
Mr. & Mrs. LAZARO LUPIAN, 2440 J Avenue, were present and apologized for
misunderstanding and subsequently missing the City Council Meeting of
December 9, 1980, at which time their request (water main and fire
hydrant) was discussed and voted upon. Mrs. Lupian inquired about the
water main as Council approved $1,650 for the fire hydrant. Mayor Morgan
said development is being planned in that area, and if that development
takes place before the Lupians split their lot, they can share the costs
with the people building the houses; if they split the lot now, the
Sweetwater Authority will put that water main in, but they will take
a lien against their property. Mrs. Lupian stated they had been trying
to split their lot for two years; and without a letter from Sweetwater
Authority stating water is provided, the Planning Department will not
give the okay for the lot split. In answer to the question if the City
could put the fire hydrant in without an extension of the main, the
City Manager replied the City could not do that, the fire hydrant would
be put in in conjunction with the main. City Manager McCabe said the
second part of staff recommendation was to work with Sweetwater Authority
to provide a plan to accomplish what they need to do, then staff will
do the hydrant; the Lupians should institute contact with Sweetwater
Authority. Mrs. Lupian stated Sweetwater Authority sent their Civil
Engineer a copy of the lien to be put against the property, and it is
ridiculous, so they might take Councilts advice and not split the lot
at this time. Mayor Morgan advised that they wait.
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Van Deventer, the resolutions be presented
by title only. Carried by unanimous vote.
Resolution No. 13,484, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC
STREET PURPOSES ('ORRELL DRIVE')." Moved by Van Deventer, seconded by
Camacho, Resolution No. 13,484 be adopted. Carried by unanimous vote.
Resolution No. 13,485, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY
(Easement from HAROLD DODDS, INC, for Sewer Line)." Moved by Waters,
seconded by Van Deventer, Resolution No. 13,485 be adopted. Carried by
unanimous vote.
Resolution No. 13,486, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AUTHORIZING THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY TO APPLY, ON BEHALF OF THE CITY,
TO THE CALIFORNIA HOUSING FINANCE AGENCY FOR PARTICIPATION BY THE CITY
OF NATIONAL CITY IN A HOME OWNERSHIP AND HOME IMPROVEMENT LOAN PROGRAM."
Moved by Van Deventer, seconded by Camacho, Resolution No. 13,486 be
adopted. Carried by unanimous vote.
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Resolution No. 13,487, "RESOLUTION ORDERING PROPOSED REORGANIZATION
INVOLVING THE CITY OF NATIONAL CITY, THE SAN DIEGO COUNTY FLOOD CONTROL
DISTRICT - ZONE 3, AND THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT,
'FULLER REORGANIZATION'." Moved by Van Deventer, seconded by Camacho,
Resolution No. 13,487 be adopted. Carried by unanimous vote.
Resolution No. 13,488, "RESOLUTION OF AWARD OF CONTRACT, FIG COURT -
GILBERT LANE WESTERLY, ASSESSMENT DISTRICT NO. 203." Moved by Waters,
seconded by Van Deventer, Resolution No. 13,488 be adopted. Carried by
unanimous vote.
ORDINANCES FOR ADOPTION - FIRST READING
Moved by Camacho, seconded by Van Deventer, the ordinances be presented
by title only. Carried by unanimous vote.
Ordinance 12/16/80-1, "An ordinance of the City of National City, Ca.
specifying the location for posting restaurant grade cards."
Ordinance 12/16/80-2, "An ordinance of the City of National City, Ca.
repealing Ordinance No. 1726 relating to restaurant permit fees, and
repealing all ordinances and parts of ordinances in conflict therewith."
Ordinance 12/16/80-3, "An ordinance of the City of National City, Ca.
relating to food handler training requirements."
Ordinance 12/16/80-4, "An ordinance amending Ordinance 1491 relating to
street improvements, providing for deferrals and exemptions therefrom
and related administrative procedures."
PUBLIC HEARING
The PUBLIC HEARING on the PROPOSED AMENDMENT to CHAPTER 18.98 of the
Municipal Code to remove the requirement that the sale of GASOLINE,
as an ACCESSORY USE, will be allowed only when accessory to, or incidental
to, an automotive related type business was held at this time. The
City Clerk reported the Certificate of Publication was on file.
Planning Director Gerschler reported the Planning Commission and Planning
staff recommend in favor of this change; as pointed out to Council in
their briefing session, if Council does not wish to make this change,
he recommended this case go back to the Planning Commission for some
remedial work on the ordinance. SAM BLICK, Higgs, Fletcher & Mack,
San Diego, attorney for ATLANTIC RICHFIELD CO., was present and said
the City's ordinance which deals with gasoline service station regulations
and what kinds of other products can be sold in conjunction thereto or
incidental thereto, is a typical ordinance and not substantially different
from ordinances in other cities of the county; each ordinance is about the
same, but the City Councils and the Planning Commissions have interpreted
those ordinances where they deal with the words "incidental to" to mean
that you can have an Arco Service Station, and that in that Arco Service
Station, if the back room isn't doing particularly well, the area can be
converted to what is referred to as a "Mini Market." Mr. Blick continued,
when we brought this to the N.C. Planning Commission, they decided they
would like something more specific in the ordinance; the ordinance
doesn't render what we would like to do, which is request a conditional
use permit from you people; the ordinance doesn't render the seeking of
that conditional use permit illegal, but rather, it doesn't specifically
call for it; and again no other city ordinances anticipated this.
Mr. Blick said he urged the Planning Commission (and they didn't agree)
and he would urge Council that Arco be allowed the opportunity to come
before you to request a Conditional Use Permit for this type of use and
you can deny or approve it, whatever; your controls are there with a
Conditional Use Permit; you have authority to add landscaping or cause
the signs to be consistent with your current ordinance or to make any
adjustments that you like, including a denial of the project; but in
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order to have the progress of the case moved, and because he had a
feeling from the Planning Commission that they weren't against this
type of project, but rather wanted to make sure that this was clearly
provided for in the ordinance, he would agree if you decide to adopt
this ordinance. Mr. Blick urged Council to give Arco the opportunity
to come before them as soon as possible so that they could start moving;
they have one site budgeted for over $128,000; and that $128,000
otherwise wouldn't be put into an existing service station, but in a
Mini Market case, Arco would put that money into it, and that goes
into landscaping, new pumps, and a significant face-lift of the site;
he urged Council to make that possible either by adopting this ordinance
or ruling that Arco can come before them with a Conditional Use Permit
request. Discussion re crowding gasoline pumps into mini -grocery stores;
service stations should sell gas and automotive related services; and
general opposition to the amendment. Mr. Blick said he wasn't too
excited about this ordinance; he was just trying to go along with the
Planning Department and Planning Commission; if Council does imply, as
it appears you are interested in doing, that this use is illegal or
shouldn't exist in your City, it is rather a unique interpretation and
unfortunate; what happens is that you take the site which is deteriorating
and it is significantly improved and beautified; the Arco approach
in the past, if the station wasn't making it, would be to abandon the
site; this is an excellent alternative to abandonment of the site;
this is an opportunity to refurbish the site; unfortunately there is
no way to pour over $100,000 into an existing site unless this concept
is permitted. City Attorney McLean advised the City's ordinance says
if you abandon the site, you remove the building. Planning Director
Gerschler explained why Mr. Blick was here; they came in and we said
no; they said what can we do and we said you can exercise your right
to amend the code; they filed an application to amend the code and now
they are before you; he agreed with Mr. Blick's statement that the
present code is very vague, and that is why he recommended that if
Council doesn't approve this, it be sent back to the Commission and to
make the Code "unvague." No one else was present in this regard.
Moved by Van Deventer, seconded by Camacho, the Code change be denied
and this item be referred back to the Planning Commission for more study
(amended motion). Carried by unanimous vote.
COUNCIL REFERRAL
Council referral from 10/7/80 re ELEANOR PLACE AND ETHEL PLACE (remove
the stop sign on eastbound Manchester at Eleanor Place and study the
area for 60 days to determine if further action is necessary [the area
has been studied and no problems have arisen due to the removal of the
stop sign at Eleanor Place]; further, the intersection of Manchester
and Ethel Place has been observed on three occassions for periods of
approximately 30 minutes each; observations reveal that very few
motorists come to a complete stop at the uphill stop sign; Manchester
is a steep [10 to 13°] uphill incline when travelled in an easterly
direction; for this reason, stopping at Eleanor and Ethel wastes gasoline
and energy and also adds pollution to the air, unnecessarily; due to
almost equal traffic volumes on Manchester and Angelo Drive and also
acknowledging sight distance problems, it is recommended that the three
way stop sign remain as is at this intersection; the City Engineer
recommends removal of the eastbound stop sign on Manchester at the
intersection of Ethel Place) was presented. Moved by Waters, seconded
by Van Deventer, in favor of the Engineer's recommendation that it become
a permanent removal and also that the posts (Eleanor and Ethel Places)
be removed. Carried, by the following vote, to -wit: Ayes: Camacho,
Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla.
Discussion.
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of
WARRANT REGISTER No. 22, dated December 16, 1980, in the amount of
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$109,488.23 (Warrants No. 70,625 through 70,665) 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 Treasurer/Finance Director's request for RATIFICATION of
WARRANT REGISTER No. 23, dated December 16, 1980, in the amount of
$80,390.53 (Warrants No. 70,666 through 70,726) and CONFIRMATION of
PAYROLL for the period ending November 30, 1980, in the amount of
$216,580.87 were presented. Moved by Waters, seconded by Camacho,
the bills be paid and warrants drawn. Carried, by the following vote,
to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters, Morgan. Nays: None.
The City Engineer's recommendation to approve RIGHT OF WAY ACQUISITION
for EUCLID AVENUE between Plaza Boulevard and 16th Street (The Caldwell
property at 2502 E. 13th Street represents the only remaining parcel
to be acquired for the construction of Euclid Avenue between Plaza and
16th Street; additional property is needed to construct Orange Avenue,
13th and 14th, which must be constructed prior to or concurrently with
Euclid; the property has an appraised value of $157,000, as of
October 1, 1980; property consists of 2 dwellings and 3 out buildings;
the Caldwells will accept $160,000 for the property and will waive
all claims to relocation assistance and moving costs; funds are
available in 60-7901; the City Engineer recommends approval of the
purchase price of $160,000 for the land, the City Attorney prepare
an agreement specifying a time for vacating the premises and waiving
rights to moving costs and relocation assistance and authorize Engineering
Department to open escrow to acquire title to subject property) was
presented. Moved by Waters, seconded by Van Deventer, in favor of the
right -of --way acquisition of Euclid Avenue to Plaza Blvd. and 16th
Street. Discussion. Carried by unanimous vote.
The City Engineer's recommendation of approval of CHANGE ORDER No. 1
on 1911 ACT ALLEY west of Roosevelt Avenue and south of 12th Street
No. 33 (three items of work not included in the original plan or bid,
an increase of $505.81, necessary for complete and permanent construction;
funds are available in 1528-910 1911 Act Contingencies) was presented.
Moved by Van Deventer, seconded by Camacho, in favor of staff's
recommendation. Carried by unanimous vote.
The Purchasing Agent's recommendation BID GS 8081-8 for Comprehensive
General and Automotive Liability Insurance be awarded to
Cheverton-Bach/Bayly, Martin & Fay, Alternative #2 (Bids were
solicited from two brokers after extensive market research for renewal
of the City's municipal liability insurance on 1/1/81; both returned
bid packages which meet all bid specifications; a copy of the bid
tabulation is on file; the total premium cost for Alternative #2
[$25,000 deductible] is $79,790 for $5 million liability; adequate funds
are available in the 1506-420 account budgeted for FY 8081) was presented.
Craig Winder, Purchasing Agent, was present and answered Council's
questions. Moved by Morgan, seconded by Camacho, in favor of staff's
recommendation, but add $3,000.00 to the premium to provide liability
protection of $10 million dollars. Carried by unanimous vote.
OTHER BUSINESS
PLANNING
The REQUEST of AUSTIN J. OLIVER for RE-CLASSIFICATION of PROPERTY at
2820 LINCOLN COURT (...developed with a single family dwelling; in
April 1977...the zoning was changed from RM-1-OS to IC -OS as part of
the Las Palmas Park re -zoning) was presented. The City Clerk reported
Mr. Oliver requested this matter be continued to January 13, 1981.
Moved by Camacho, seconded by Van Deventer, it be continued to
January 13. Carried by unanimous vote.
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NOTICES OF DECISION
Planning Commission Resolution No. 34-80, approving ZONE VARIANCE that will
create a parcel having 28' of frontage in lieu of the required 50'
at 2125 Prospect St., Z..6-80, (proposed division of a parcel of land
containing 47,300 sq. ft. [1.08 acres] into 4 separate parcels, one
of which will have 28' of frontage on Prospect;...will create 3 parcels
along the 22nd St. frontage leaving the larger interior portion with
the existing 28' frontage on Prospect; Planning Commission approved
subject to the 2 conditions set forth in the resolution; staff concurs
with Planning Commission on this application) was presented. Discussion
regarding total footage on 22nd Street which is one of the few remaining
dirt streets and the many complaints from that area; the improvement
of 22nd St.; where the sewer will be located. Planning Director Gerschler
suggested Council recess their meeting at the completion of the Agenda
until after the Community Development meeting and he would be ready
with a report. (See Page # 43, paragraph # 9 ).
Planning Commission Resolution No. 35-80, approving PLANNED DEVELOPMENT
PERMIT to allow development of a 4-story OFFICE BUILDING (3 office
levels over parking garage) on the south side of the 2600 block of
Plaza Boulevard (...development of a frame and stucco, 4-story office
building containing a gross floor area of 51,684 sq. ft. [47,285 sq.
ft. leasable] on a parcel of land containing 82,012 sq. ft.; the ground
floor area of the building will be a parking garage which will
accommodate 54 automobiles; an open parking facility for 104 automobiles
will be provided adjacent to the east and west ends of the building;
vehicular access is via Plaza Boulevard and 2 30' wide driveways; the
project site is presently vacant and located on the south side of
Plaza Boulevard, across from the Plaza Manor Apartment Complex;
Planning staff concurs with the Planning Commission's approval of this
application) was presented. Ordered filed by unanimous vote.
Planning Commission Resolution No. 36-80, approving ZONE VARIANCE to
allow reduction in off-street parking from 258 spaces to 158 spaces in
conjunction with the development of a 4-story OFFICE BUILDING within
the 2600 block of Plaza Boulevard, south side, Z-5-80; (...reduction in
the number of required off-street parking spaces to be provided in
conjunction with the development of a 4-story office building containing
a gross floor area of 51,684 sq. ft.; under present parking regulations
258 off-street parking spaces are required; the applicants are able to
provide only 158 spaces, resulting in a deficiency of 100 spaces; based
on a finding that the site is unique in that it has a street frontage
five times its depth, with the majority of its depth being 113'...Planning
staff concurs with Planning Commission's approval of this application)
was presented. Ordered filed by unanimous vote.
Planning Commission Resolution No. 37-80, approving on -site relocation of
the proposed MAINTENANCE BUILDING for the PLAZA BONITA SHOPPING CENTER,
PD-7-80 (...the proposed maintenance and storage yard were to be
constructed at the SE corner of the Plaza Bonita Shopping Center, parallel
to Bonita Mesa Road, among a group of Eucalyptus trees; subsequent to the
completion of site planning, May Stores was informed that the maintenance
building would have to be relocated because of insufficient area to
accommodate the maintenance building, necessary parking and storage, and
the existing grove of Eucalyptus trees; this action was based on prior
commitments by the City to the residents along Bonita Mesa Road, that the
grove of existing Eucalyptus trees would remain intact; Planning Staff
concurs with Planning Commission's approval of this application.) was
presented. Discussion. Ordered filed by unanimous vote.
Marie Ingalls, real estate agent representing the Caldwells, was present
and inquired about the City's acquisition of the Caldwell property.
Assistant City Manager Ballard said the Engineering Department is
handling the acquisition; Mr. Newberry has been Ms. Ingalls' staff contact
on the project.
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CITY MANAGER
City Manager McCabe requested,in light of Revenue Sharing becoming
available, staff be allowed to start disbursing some of the City's Revenue
Sharing Funds that are currently in the City treasury and staff will
advise Council a little later on as to progress. Moved by Camacho,
seconded by Van Deventer, in favor of the City Manaoerts recommendation.
Carried by unanimous vote. Vice Mayor Waters suggested the City hold on
to revenue sharing money as long as possible in view of the high rate
of interest currently being paid by banks.
CITY ATTORNEY - No Report.
OTHER STAFF - No Report.
MAYOR - No Report.
CITY COUNCIL
Councilman Dalla suggested Mr. Ruehle might be interested in filling
the Planning Commission vacancy left by Mr. James; he saw no reason
why he cannot serve the City in a different capacity if he is so
inclined. Mayor Morgan said he would not ask Mr. Ruehle to serve.
Mayor Morgan called a recess at 8:18 p.m.
The City Council reconvened at 8:28 p.m.
ROLL CALL
Council members present: Camacho, Dalla, Van.Deventer, Waters, Morgan.
Absent: None.
PLANNING DEPARTMENT - Notices of Decision (Continued)
Planning Director Gerschler said he had reviewed the Zone Variance for
2125 Prospect; if Council filed this item, the Planning Commission
decision would become final tomorrow; there would be a subsequent
filing of a parcel map; the parcel map could require a condition relating
to sewers; staff is suggesting you file the zone variance item on your
agenda, and by separate motion, direct the City Engineer to attach to
any approvals for a parcel map, the requirement that sewers be installed
as needed. Moved by Camacho, seconded by Van Deventer, in favor of the
Planner's recommendation, Carried by unanimous vote.
ADJOURNMENT
Moved by Waters, seconded- by-.Camacho, the meeting be adjourned to
January 6, 1981. Carried by unanimous vote. The meeting was adjourned
at 8:33 p.m.
CIT( CLERK
CITY OF NATIONAL CITY, CALIFORNIA
The foregoing minutes were approved by the City Council at their regular
meeting of January 6, 1981.
Corrections No Corrections
YOR
CITY OF NATIONAL CITY, CALIFORNIA
12/16/80