HomeMy WebLinkAbout1978 01-17 CC MIN52
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
JANUARY 17, 1978
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, Reid, Van Deventer, Morgan. Absent:
None. Administrative officials present: Campbell, Gerschler, Gill,
Hoffland, McCabe, McLean.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager Gill
followed with invocation by Dr. Charles Molnar, First Baptist Church.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Reid, the minutes of the regular meeting
of January 3, 1978 be approved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS - None.
MAYOR'S APPOINTMENTS - None.
PUBLIC ORAL COMMUNICATIONS
ERNIE AZHOCAR, 1605 Lanoitan Ave., was present and discussed the
possibility that the funding for the Surface Effect Ship to be built
by Rohr Marine is in danger; if the ship is built a portion of the
construction will take place in National City which could mean between
600-1000 jobs; he requested Council to prepare a Resolution supporting
the contract and requesting it be placed back in the Federal Budget,
copies to be sent to the President, congressmen, etc. City Manager
Gill stated he would contact Mr, Azhocar and prepare a Resolution for
next week's Agenda.
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Reid, these Resolutions be presented to
Council by title only. Carried by unanimous vote.
Resolution No. 12,619, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY
(Grant Deed - Refugia Garcia - Harbison Avenue)." Moved by Camacho,
seconded by Reid, Resolution No. 12,619 be adopted. Carried by unanimouE
vote.
Resolution No. 12,620, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC
STREET PURPOSES (Harbison Avenue)." Moved by Camacho, seconded by
Reid, Resolution No. 12,620 be adopted. Carried by unanimous vote.
Resolution No. 12,621, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE
LAND AND DIRECTING THE RECORDING THEREOF (Leroy H. and Rosemary C.
Steinauer, Eng. No. 3941, 2531 "I" Avenue)." Moved by Camacho, seconded
by Dalla, Resolution No. 12,621 be adopted. Carried, by the following
vote, to -wit: Ayes: Camacho, Dalla, Reid, Van Deventer. Nays: None.
Abstain: Morgan.
Resolution No. 12,622, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE
LAND AND DIRECTING THE RECORDING THEREOF (Louie E. and Sadie M. Sherman,
Eng. 3903, 640 "J" Avenue)." Moved by Van Deventer, seconded by
Camacho, Resolution No, 12,622 be adopted. Carried by unanimous vote.
Resolution No. 12,623, "RESOLUTION GRANTING CONDITIONAL, USE PERMIT NO.
1977-25 TO ALLOW AN ADULT PROFESSIONAL SECRETARIAL TRAINING FACILITY ON
PROPERTY LOCATED AT 3423 PLAZA BOULEVARD (R.T. Heit fox South County
College - 3423 Plaza Boulevard, Suites J and K)." Moved by Reid,
seconded by Camacho, Resolution No. 12,623 be adopted. Carried, by the
following vote, to -wit: Ayes: Camacho, Reid, Van Deventer. Nays:
Dalla. Abstain: Morgan.
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53
Resolution No. 12,624, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY
(Corporation Grant Deed for drainage easement purposes)." Moved by
Reid, seconded by Van Deventer, Resolution No. 12,624 be adopted.
Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid,
Van Deventer. Nays: None. Abstain: Morgan.
Resolution No. 12,625, "RESOLUTION ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 9 (Between "D" and "F" Avenues and 12th and 15th Streets).'
Moved by Van Deventer, seconded by Camacho, Resolution No. 12,625 be
adopted. Carried by unanimous vote.
Resolution No. 12,626, "RESOLUTION ABANDONING DRAINAGE EASEMENT IN A
PORTION OF LOT 7 OF E.J. CHRISTMAN BUSINESS AND INDUSTRIAL PARK."
Moved by Camacho, seconded by Reid, Resolution No. 12,626 be adopted.
Carried by unanimous vote.
Resolution No. 12,627, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION
QUITCLAIM DEED TO THE REDEVELOPMENT AGENCY OF THE CITY OF NATIONAL CITY,
CALIFORNIA." Moved by Reid, seconded by Camacho, Resolution No. 12,627
be adopted. Carried by unanimous vote.
Resolution No. 12,628, "RESOLUTION ORDERING PROPOSED REORGANIZATION
INVOLVING THE CITY OF NATIONAL CITY, THE SAN DIEGO COUNTY FLOOD CONTROL
DISTRICT - ZONE 3,,AND THE LOWER SWEETWATER FIRE PROTECTION DISTRICT
"F" AVENUE REORGANIZATION." Moved by Camacho, seconded by Van Deventer,
Resolution No. 121 628 be adopted. Carried by unanimous vote.
Resolution No. 12,629, "RESOLUTION OF AWARD OF CONTRACT (Melrose Drain
Phase II, Spec. No. 872)." Moved by Reid, seconded by Van Deventer,
Resolution No. 12,629 be adopted. Carried by unanimous vote.
ORDINANCES FOR ADOPTION (second reading)
Moved by Camacho, seconded by Reid, these Ordinances be presented by
title only. Carried by unanimous vote.
Ordinance No. 1615 (1/10/78-1), "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 1606 RELATING TO
BUSINESS LICENSE FEES." Moved by Van Deventer, seconded by Camacho,
Ordinance No. 1615 (I//9/78-1) be adopted. ALFRED HLAWATSCH (attorney),
905 E. 13th Street, was present and stated he understood additional
amendments were to be brought up on which he would like to speak.
There was discussion relative to the basis on which gross receipts for
the last fiscal year were to be reported, reporting of names and
addresses of persons whose money is held by a business acting as an
agent or trustee, and single licenses for multiple operation businesses
based on the dominant business (dominant business to be determined by
gross revenue). Motion carried, by the following vote, to -wit: Ayes:
Camacho, Dalla, Van Deventer, Morgan. Nays: Reid. Vice Mayor
Van Deventer said the ordinance did not state on what basis gross
dollar income should be reported and that should be clarified in the
Ordinance for last fiscal year; Number 5 of the Ordinance, relating to
collection for others when the business is acting as an agent or
trustee to the extent that such amounts are paid to or whom collected,
should stay but confidentiality should be protected; the other thing
is relating to more than one business establishment but relating to
what the most gross volume of business should be classified and the
appendix should relaie to that; in other words, if they do two-thirds
of their total business of a particular type business that's the
classification should be. City Attorney McLean stated he understands
this to mean that Vice Mayor Van Deventer wants to clarify the
Ordinance that businesses with multiple operations will be taxed based
on the dominant business_and the dominant business will be determined
by which part of the business produces the most gross revenue. Vice
Mayor Van Deventer stated that was correct and that is the appendix
they should be using to base the license on instead of having four to
seven licenses they can have one license based on that particular
dominant business. Moved by Van Deventer, seconded by Camacho, this is
in the form of a motion. Mayor Morgan said this includes keepin the
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54
confidentiality of clients. ALFRED HLAWATSCH stated the matter of
attorneys' objections to sending lists down to the City disclosing
their clients'private affairs has been taken care of by this amendment;
there's no way to practice law under those circumstances; the more
significant thing to the general busines6 community is the matter of
interpretation of the Ordinance; it may not require a change in the
ordinance which in this case was done correctly; the last paragraph
of Section 18 states "...all persons, partnerships, etc., engaged in
more than one business activity are going to be taxed on the basis
of the dominant business activity;"...the City Treasurer...interprets
the Ordinance a different way than was intended to and emphasised a
different section that was intended to cover Branch Establishments and
entirely separate businesses; if you have an auto dealership and an
investment company under the same roof they've got to have two licenses;
that's what Section 5 was for but now it was used in a way that was
never intended by the people who wrote the ordinance and by those who
voted for it; the problem is interpretation, not necessarily bad
drafting; he agreed with the motion before Council. Councilman Dalia
asked for clarification of the motion. City Attorney McLean stated
the motion gives him instruction to go forward with the City Treasurer
and clarify the ambiguities and amend the Ordinance as necessary.
Carried by unanimous vote.
Ordinance No. 1616 (1//c08-4), "AN ORDINANCE PURSUANT TO LAND USE CODE
OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-21-77, to add PD [Planned
Development] combining zone to certain properties between "N" and Palm
Avenues within the 900 and 1000 blocks)." Moved by Camacho, seconded
by Dalla, Ordinance No. 1616 (1/18/78-3) be adopted. Carried, by the
following vote, to -wit: Ayes: Camacho, D'alla, Van Deventer, Reid.
Nays: None. Abstain: Morgan.
Ordinance No. 1617 (1/1Z/74-1), "AN ORDINANCE TO ADD PLANNED DEVELOPMENT
COMBINING ZONE TO ALL RM-1 ZONED PROPERTIES IN NATIONAL CITY, AND
ADOPTING SAID ORDINANCE AS AN INTERIM ZONING ORDINANCE, AND ADOPTING
SAID ORDINANCE AS AN URGENCY ORDINANCE." Moved by Van Deventer,
seconded by Della, Ordinance No. 1617 (1/17/g8-1) be adopted. Carried,
by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer,
Morgan. Nays: Reid.
PUBLIC HEARING
The Continued HEARING on APPEAL of Planning Commission denial of
application for ZONE VARIANCE to allow conversion of a portion of a
residential structure to commercial use on property at 1427 Highland
Avenue (Z-21-77) was held at this time. Planning Director Gerschler
stated the applicant's attorney called today and indicated that his
client wished to withdraw the application. No one was present in this
regard. Moved by Camacho, seconded by Reid, the hearing be closed
and withdrawn from the Agenda. Carried by unanimous vote.
OLD BUSINESS
City Manager's recommendation to increase sewer lateral fees collected
under Ordinance 1489 (The Director of Public Works stated in the last
year 80 laterals were installed and $11,871.10 was collected; if the
proposed fees had been in effect, $24,905 would have been collected and
full labor and materials costs would have been recovered; the effect
that increased sewer lateral installation fees would have on small
shopping centers or apartment developments would be minor; larger
developments such as Sweetwater Town and Country find it advantageous
to have private laterals and mains so that no lateral fees are paid,
this would include May Company. The current fees are: 4" lateral
$145.00; 6" lateral $170.00. Staff recommends this be referred to the
City Attorney for Ordinance; it is recommended that Ordinance 1489 be
amended to increase sewer lateral fees to pay currently estimated costs
of labor and material.) was presented. Moved by Camacho, seconded by
Van Deventer, in favor of the recommendation to increase the sewer
lateral. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla,
Van Deventer. Nays: Reid, Morgan.
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55
NEW BUSINESS
The City Treasurer/Finance Director's request for ratification of
WARRANT REGISTER NO. 26, dated January 17, 1978 in the amount of
$17,284.78 (Warrants Nos. 60541 through 60590) was presented. Moved
by Van Deventer, seconded by Reid, for approval. Carried, by the
following vote, to -wit: Ayes: Camacho, Dalla, Reid, Van Deventer,
Morgan. Nays: None.
The Director of Public Works' recommendation to approve driveway
adjacent to property line at 944 2nd Street (Robledo) (The property
owner has applied for approval of a driveway adjacent to the property
line and in excess of 40% of the property frontage) was presented.
Moved by Reid, seconded by Dalla, for approval. Carried by unanimous
vote.
The Director of Public Works' recommendation to approve driveway at
1128-1148 E. 7th Street (the property owner requests approval of a
driveway adjacent to their property line) was presented. Moved by
Van Deventer, seconded by Reid, for approval. Carried by unanimous
vote.
The City Manager's request to authorize the Mayor to execute a contract
between the City of National City and the Maytime Band Review Corp.
($8,000 is budgeted for the Maytime Band Review and $450.00 for
advertising in the program; no funds are specifically budgeted for
insurance and quotes cannot be obtained until some time in the middle
part of April) was presented. Moved by Reid, seconded by Van Deventer,
for approval. Carried by unanimous vote.
South Bay Plaza Merchants Association's request to sponsor a carnival
(Director of Building & Housing Biggs noted the request is for a
temporary use permit authorizing the Association to sponsor a carnival
on the East Parking Lot February.3-12, 1978; the carnival, Carnival
Time Shows, Inc., will pay all inspection fees, permit and license
fees) was presented. Staff recommends the request be -granted subject
to the payment of all required fees, that required bonds and certificate:
of insurance be posted, and that all applicable laws and ordinances
regulating carnivals be observed. Moved by Camacho, seconded by Dalla,
in favor of the request and staff's recommendation. Carried by
unanimous vote.
Assistant to the City Manager Bailard's request for formal bidding
exemption for purchase of wheel -mounted mobile outdoor stage (the
Purchasing Ordinance requires that purchases over $7,000 be made only
after formal sealed bids are received; the Purchasing Division
attempted to locate sources in order to seek formal competitive bids
to comply with the Ordinance [No. 1480] in order to purchase the
subject item; only one vendor, Marchetti Park and Recreation Products,
was located that could supply the unit desired within the amount
budgeted ($19,800.00); therefore, the desired commodity can be obtained
from only one vendor. Cost of the unit per the vendor's proposal is
$16,708.00; one option, a spare tire and wheel, was added per the Park
Division's request at a cost of $66.00; total cost including sales tax
is $17,780.44. Staff recommends that an exemption from formal bidding
procedure be granted pursuant to Sections 2.60.220B and 2.60.220D of
the Purchasing Ordinance in purchasing the portable stage unit) was
presented. Moved by Reid, seconded by Camacho, for approval. Moved
by Van Deventer, seconded by Reid, this item be tabled for a week.
Carried by unanimous vote.
Asst. City Manager McCabe's recommendation that the dates of January
24 and February 14 be established for receiving public input on
paramedic services in the City of National City was presented. Moved
by Reid, seconded by Camacho, for approval. Carried by unanimous vote.
1/17/78
56
The National City Girls Softball League's request to construct a
building in Las Palmas Park (the proposed building would be a combina-
tion equipment storage/announcer's booth and scorekeeper's area
building at Bird Field in Las Palmas Park and identical to the
existing building at the adjacent Little League Baseball Field. Dir.
of Building and Housing Biggs noted that at a meeting on November 18th
in his office, the past policy of the City relating to the construction
of buildings on park lands by organized youth organizations was
explained as follows: [1] organization prepares plans and specification!
for submittal to City staff; [2] City makes routine plan check, and
issues a nil fee building permit; [3] City Council ratifies staff
action; [4] City provides a 31' concrete slab, footings, and an
underground electrical service conduit; [5] organization purchases
or otherwise obtains all required building materials and erects the
structure at no cost to the City; routine required inspections will be
made by the City; [6] use and maintenance responsibility of the
completed building will be retained by the organization; ownership of
the building will be retained by the City. The City will furnish
paint materials only for required periodic repainting; the application
of paint materials will be by the organization) was presented. Moved
by Camacho, seconded by Van Deventer, we put the slab in with the
conduit electrical utilities in it and provide the block. TED BRADT,
3133 2nd Street, Past President, National City Softball, was present
and stated they are asking to retain use of the storage space in the
lower half of the building itself; right now the Little League stores
their equipment in the lower portion of the existing structure; Pop
Warner stores their equipment at El Toyon Park; they have been having
to store their gear in somebody's garage; they would like to use the
bottom half for storage during the off-season. Councilman Dalla asked
that it be spelled out in the contract that the League would be
retaining use year-round of the bottom portion of the building and the
top portion of the building would be theirs during the playing season.
Moved by Dalla, seconded by Van Deventer, the motion be amended to
include and specify in condition 6 that the portion of the building
they propose to have use of on an annual basis is the bottom portion,
the storage. Amendment carried by unanimous vote. Motion carried by
unanimous vote.
OTHER BUSINESS
CITY MANAGER
City Manager Gill reported the National City Chamber of Commerce, due
to their recent fire most, if not all, of the City maps that they have
distributed was destroyed in the fire and they request the City
authorize $300 to purchase 1500 maps to last through the coming calendar
year. Moved by Camacho, seconded by Van Deventer, in favor of the
request. Carried by unanimous vote.
CITY ATTORNEY - No report.
OTHER STAFF - No report.
PLANNING
Vacation of public way, portion of McKinley Avenue between 23rd and 24th
Streets (SC-8-77) was presented. Moved by Dalla, seconded by Reid,
we refer the vacation of portion of McKinley Avenue between 23rd and
24th Streets to the City Attorney to prepare a Resolution to set for
a hearing. Carried by unanimous vote.
1/17/78
57
MAYOR
Mayor Morgan asked City Manager Gill how the report on the alleys was
coming along. City Manager Gill stated he was working on it.
CITY COUNCIL - No report.
Moved by Camacho, seconded by Reid, the meeting be closed. Carried
by unanimous vote. The meeting closed at 8:15 p.m.
J1
CITY CLRRK
CITY OF NATIONAL CITY, CALIFORNIA
The foregoing minutes were approved by the City Council of the City
of National City, California at the regular meeting of February 7, 1978.
No corrections
E/ Corrections
CITY OF NATIONAL CITY, CALIFORNIA
1/17/78