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HomeMy WebLinkAbout1978 01-24 CC MIN58 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 24, 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. PRESENTATIONS AND PROCLAMATIONS - None. SCHEDULED PRESENTATIONS Discussion of AREA -WIDE WATER QUALITY MANAGEMENT PLAN (208) by CPO staff was held at this time. Walt Jaconski, CPO, made an oral presentation of the Area -Wide Water Quality Management Plan which CPO was designated to carry out two years ago, saying the plan is complicated and involves figuring out how the area can meet Federal water quality standards; the plan is a water quality plan and much of it deals with water quality problems (lagoons, bays and estuaries); the plan also deals with sewage treatment facilities and the planning and providing for these facilities. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of January 10, 1978 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS The proposed reappointment of Mayor Morgan to the Sweetwater Authority Board of Directors was presented. Moved by Dalla, seconded by Camacho, this item be deferred until later on the Agenda under Mayor's report. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS LLOYD JOHNSON, 240 E. 29th Street, was present and stated an item passes Council last week which affected him; he presented a letter to members of the Council and staff regarding his building project (Document No. 60973) which outlined his objection to Ord. 1617 and the reasons his project should be excluded, which included (1) project reviewed and approved by prior Planning Commission and City Council action; (2) grading permit, which is a part of the project, issued and grading is now in progress; (3) Council had passed a motion in a prior meeting that "he had enough vested interest in this plan that he should be removed from consideration"; (4) Building Department had notified contractor that plans were ready to pick up and cost of permit. Mr. Johnson requested Council find that he had prior vested interest in the project and that it should not be affected by Ordinance 1617. Planning Director Gerschler stated the City Attorney and he met with Mr. Johnson to discuss this and they searched for the vested rights that he is looking for and couldn't find that they were present; it was suggested to Mr. Johnson that he present his case to Council. Mr. Gerschler pointed out that Mr. Johnson's project was recently the issue of a zone variance wherein all the plans, designs, layouts and details of the project were reviewed by the Planning Commission and 1/24/78 59 Council; it's doubtful that having this presented again as a Planned Development Permit would serve to accomplish much; the staff could find no reason why his request should not be allowed. Moved by Camacho, seconded by Reid, Mr. Johnson' request be granted by this Council because I feel he has a vested right and that was the intent of Council's decision on 11/8/77 and he should be exempted from any further presentation of plans to re -review this project. Motion carried by unanimous vote. GEORGE WEBSTER, Manager, Chamber of Commerce, was present to thank Council for support in the recent crises of the Chamber; it is appreciated; he invited Council to their annual meeting Saturday in Kimball Community Building and to an Open House in their new renovated structure on the 28th of February from 3-6. ERNIE CRAWFORD, 2538 Dehesa Rd., El Cajon, was present and stated he is faced with a situation ;very similar to Mr. Johnsons in that he submitted plans for a 6-unit apartment complex on "L" Street, his draftsman was in close contact with the Planning Department and other departments involved with the project, and the passage of the Ord. came as a complete surprise to him. Moved by Reid, seconded by Van Deventer, this case be deferred two weeks. Carried by unanimous vote. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and stated at the pre -meeting he explained a plan on the part of the CDC for use of half of the former courtroom and would Council's approval of that use and authorization to create two offices for the Housing Assistance operation; the rail and the chairs, would not be included. Moved by Van Deventer, seconded by Camacho, in favor of the recommendation Mr. Peterson made relative to the new offices. Mr. Peterson stated the CDC authorized preparation of the plan; it is under review and would meet the City's codes and regulation; they are asking for the use and agree to pay the City .50d per square foot per month for the space that is used; his estimate of the rental cost is $16,000. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Reid. PUBLIC HEARINGS The HEARING on public input on PARAMEDIC SERVICES in National City was held at this time. CHARLES RIGGS, Chairman of the,Committee of Citizens for Paramedics, 2731 "K" Avenue, was present and stated they recently formed the Committee; Roberto Andrade is Treasurer; Marti1Henry, Vice Chairman; Ann Riggs, Secretary; there will be a public meeting at the home of Mr. Riggs to which Council is invited to attend. DR. ANDREW RAUSCHER, Director, Paramedic Training Program for the County of San Diego, was present, spoke in favor of paramedic service and gave a short history of paramedic service in other communities. No one else spoke in this regard. ADOPTION OF RESOLUTIONS Moved by Reid, seconded by Van Deventer, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,630, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF UNBUDGET- ED FUNDS TO PARK FUND." Moved by Reid, seconded by Van Deventer, Resolution No. 12,630 be adopted. There was discussion. Motion carried, bye following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan. Nays: Dalla. Resolution No. 12,631, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE THE WESTERLY ONE-HALF OF MCKINLEY AVENUE BETWEEN 23RD AND 24TH STREET." Moved by Camacho, seconded by Reid, Resolution No. 12,631 be adopted. Carried by unanimous vote. Resolution No. 12,632, "RESOLUTION ESTABLISHING VOTING PRECINCTS AND APPOINTING OFFICERS OF ELECTION." Moved by Camacho, seconded by Reid, Resolution No. 122_632 be adopted. Carried by unanimous vote. 1/24/78 60 Resolution No. 12,633, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF UNBUDGETED FUNDS TO ACCOUNT NO. 1506 FOR CIVIC CENTER ALTERATION, PHASE I." Moved by Reid, seconded by Van Deventer, Resolution No. 12,633 be adopted. Carried by unanimous vote. Resolution No. 12,634, "RESOLUTION OF AWARD OF CONTRACT (Drainage Culvert and Sewer Relocation, Specification No. 373)." Moved by Reid, seconded by Van Deventer, Resolution No. 12,634 be adopted. Carried by unanimous vote. Resolution No. 12,635, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER AND APPROPRIATION OF FUNDS TO FUND 3 - .BOX CULVERT SEWER RELOCATION." Moved by Reid, seconded by Camacho, Resolution No. 12,635 be adopted. Carried by unanimous vote. Resolution No. 12,636, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, URGING THE PRESIDENT OF THE UNITED STATES, THE UNITED STATES GOVERNMENT AND ITS AGENCIES TO FUND, SUPPORT AND COMMENCE THE "SES VESSEL" PROGRAM USING THE FACILITIES OF ROHR MARINE IN CHULA VISTA AND NATIONAL CITY." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,636 be adopted. Carried by unanimous vote. OLD BUSINESS Assistant to the City Manager Ballard's request for exemption of formal bidding for purchase of wheel -mounted mobit outdoor stage (current Purchasing Ordinance requires that purchases over $7,000 be made only after formal sealed bids are received; the Purchasing Division has attempted to locate sources in order to seek formal competitive bids to comply with the Ordinance; only one vendor, Marchetti Park and Recreation Products, was located that could supply the unit desired within the amount budgeted which is $19,300. Staff recommends an exemption from formal bidding procedure be granted in purchasing the portable stage unit.) was presented. Moved by Camacho, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. NEW BUSINESS Item 11, authorization to proceed with repairs and modifications to Hart Field was taken care of under Resolution No. 12,630. Item 12, authorization to proceed with first increment construction to Civic Center, first floor was taken care of under Resolution No. 12,633. City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 27, dated January 16, 1978, in the amount of $62,568.32 (Warrants Nos. 60591 through 60663) was presented. Moved by Camacho, 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 the closing of "D" Avenue between 12th and 15th Streets for 60 days (the contractor for the improvement of public streets, drains and utilities within the Center City project, R.E. Hazard Construction Company, has requested that approval be granted for the closing of "D" in order to expedite his drainage and street improvement work; a meeting was called by the Executive Director of the Community Development Project, Police Chief and Public Works Director; the only requirement recommended was that an emergency fire lane be maintained at all times. Staff recommends approval provided that a 12 foot wide emergency fire lane is maintained) was presented. Moved by Reid, seconded by Van Deventer, in favor of the recommendation. Moved by Dalla, seconded by Van Deventer, the motion be amended to notify those people b letter that the street will be closed for a specified period of time. Carried by unanimous vote. Motion to approve recommendation carried by unanimous vote. 1/24/78 61 The Director of Public Works' recommendation to approve deferral of street improvements at 2245 Van Ness Avenue, Garcia (no improvements exist on this portion of Harbison Avenue. Staff recommends approval subject to the signing and filing of a Covenant not to protest a 1911 Act for street improvements.) was presented. Moved by Camacho, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. A CLAIM FOR DAMAGES from Ray Amerson alleging damage to car January 10, 1978 was presented. Moved by Camacho, seconded by Reid, this be denied and referred to the City Attorney. Carried by unanimous vote. The amended APPLICATION for OFF -SALE GENERAL TYPE 21 LIQUOR LICENSE by Priscilla J. and Ronald A. Asperin, dba LEN'S LIQUOR STORE, 740 National Avenue, was presented. Moved by Dalla, seconded by Reid, we file a protest based on the fact this is a saturated area and the applicant is asking for a more intense use than currently exists. Carried by unanimous vote. The APPLICATION for OFF -SALE GENERAL LIQUOR LICENSE by Claudia M. and Richard F. Rathburn, dba LA MORENA LIQUOR, 40 E. 30th Street was presented. Moved by Reid, seconded by Camacho, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Van Deventer. Nays: Morgan. The APPLICATION for person transfer of TYPE 41 LIQUOR LICENSE ON SALE BEER & WINE EATING PLACE, dropping the partnership to only Clifton L. and Elizabeth M. Mason and removing Carolyn J. and John L. Van Zant for COLISEUM PIZZA RESTAURANT, 3421 E. Plaza Boulevard was presented. Moved by Camacho, seconded by Van Deventer, for approval. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Van Deventer. Nays: None. Abstain: Morgan. The APPLICATION for original ON -SALE BEER AND WINE EATING PLACE, Type 41 liquor license by Joseph A. Bello, George Suess and Armando Odorico, corporate officers for the Deli Corporation dba LUNCH BREAK,CAF. 340 W. 26th Street, Suite "E", was presented. Planning Director Gerschler stated the Land Use Code places four limitations on this kind of use; it may well be that the applicant intends to conduct this in compliance with the Code; if they don't, it could easily be donq staff suggests Council advise the Alcoholic Control Board of the four zoning conditions. City Attorney McLean stated he feels the only thing Council could do would be to protest the license until the applicant complies with the conditional license containing the condition: the Planning Department would require. Moved by Camacho, seconded by Reid, in favor of the City Attorney's recommendation. Carried by unanimous vote. City Clerk's Campbell's report on opening of sealed bids for energy conservation Civic Center Alterations to air conditioning systems (bids were opened at 3:00 p.m. January.18, 1978; four bids were received: Lemon Grove Sheet Metal Works, $24,824.00; Jackson & Blank, $32,610.00; J.W. Mechanical, $24,610.00; University Mechanical, $24,980.00; the engineer's estimate $25,000) was presented. Information only. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY City Attorney McLean stated he previously distributed two reports to Council: one relates to the question of regulating the parking of trailers and tractors on public streets and enclose the comments by department heads; and he awaits further instruction from Council; the second advised Council of two administrative rulings the City Tax Collector has made which correspond to Council's directive of last week to clarify the question of the confidentiality of information 1/24/78 62 by persons who claim such a confidential relationship and secondly to clarify the method by which multi -purpose businesses would be taxed; unless the Tax Collector hears differently through the City Attorney she will proceed as outlined in the ruling. OTHER STAFF - No report. PLANNING The JOBS FOR PROGRESS, INC. request for exemption from Conditional Use Permit fee requirements (Alfonso Brambila, Executive Director, asked Council for exemption from Conditional Use Permit and Zone Variance fees, $75 for the Conditional Use Permit and $50.for environmental review, and $50 for zone variance; applicants are non-profit corporatior conducting classes at 2005 Highland Avenue; the Land Use Code requires a Conditional Use Permit for all such uses. Staff was unable to find provision in the Municipal Code that would provide for Council exemption of fees in this case and recommends that the applicants be required to pay filing fees as required by the Municipal Code Sections) was presented. City Attorney McLean stated he too has investigated the case and there is no provision in current City law to waive the fees; if Council wants such a provision, staff should be directed to prepare an amendment to the Land Use Code. ALFONSO BRAMBILA, Executive Director, San Diego County Jobs for Progress, was present and stated they are a non-profit government funded agency and with a fixed budget which is a problem for them at this point; their organization has been in the City nine years and this is the first time this problem has arisen. Planning Director Gerschler stated staff is prepared to help Mr. Brambila prepare the applications with minimal expense to them. Moved by Reid, seconded by Dalla, this request be denied and Mr. Gerschler work with them. Carried by unanimous vote. City Council interpretation of Condition No. 2a of Resolution No. 12,493 (Resolution granting Planned Development permit to allow development of a 3-unit apartment building at 2041 East 5th Street, PD-90) was presented. Planning Director Gerschler stated this case involves a committment Council authorized a few months ago for a 3-unit triplex residence to which a condition was attached that the design conform with a certain plan that was submitted; that plan showed a roof design, uncommon to this area, and the project now has been sold to another developer who has prepared estimates and found that the cost of that unusual roof design would be excessive to the area; it is asked that the City Council allow him to proceed with a standard gable -type roof and the developer assures staff that he will use attractive finished material on it; he informed the new developer that a condition was placed on the case after hearing from some angry neighbors; the developer has contacted those neighbors and reports to staff that they are agreeable to this change of plan. ROBERT PELTIER, the developer, was present and stated the roof design was not appropriate to the area and the cost became extraordinary so the roof was redesigned with a gable roof which matches other roofs in the neighborhood. Moved by Reid, seconded by Van Deventer, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Reid, Van Deventer. Nays: Morgan. MAYOR Mayor Morgan stated the City Manager has been working on a report regard- ing alleys within the City and that will be available shortly. Item 1 under Mayor's appointments, reappointment of Mayor Morgan to Sweetwater Authority Board of Directors was reconsidered at this time. Moved by Reid, seconded by Van Deventer, Mayor be reappointed. Councilman Reid stated he would like to see the signs changed at Sweetwater Lake; on the equipment there should be a name and telephone number that should be used for people to call with complaints. Vice Mayor Van Deventer stated he would like to know some of the details of the Board; Mayor Morgan outlined the time of meeting of the Board and 1/24/73 63 stated that the Board is working on the signs. Motion carried by unanimous vote. CITY COUNCIL Councilman Dalla stated there is an item on the June ballot, the Jarvis -Gann Amendment regarding property taxes; the City Manager recently circulated a letter outlining some of the effects upon the City; perhaps it would be beneficial for the City and staff to formulate a contingency plan in case this amendment does pass rather than wait until that prospect becomes a reality. Mayor Morgan stated that unless the state appropriates more money in sales tax or income tax the only way this City could operate would be to dip into every department with big cuts. Councilman Dalla stated this prospect should be kept in mind when we have out -of -budget requests for unbudgeted reserve funds. City Manager Gill stated the memo sent Council outlined the cuts envisioned by staff; in the budget process they will be considering and keeping in the forefront the possibility of the passage of the Jarvis Amendment passing; some cities are considering alternate budgets, we feel that is a little premature, but it may be that in addition to the City's.regular budget will be an alternate City budget which would be used as a result of the passage of this Amendment. Vice Mayor Van Deventer stated there are many business people within the City that have to pay floor tax to the State which in his feeling is a most unfair tax; a man works all year to make a profit in his business and he has inventory on hand and at that time of year the State comes along and slices another chunk away from him; it's getting harder and harder for an honest man to be honest, he becomes a partial crook because of the State of California by the type of approach they are using; if the City doesn't get any support from the Governor on this I hope the other people in Sacramento will support relief for the business community. Moved by Van Deventer, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 3:43 p.m. CITY CLERK 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 Corrections CITY OF NATIONAL CITY, CALIFORNIA 1/24/73