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HomeMy WebLinkAbout1978 02-07 CC MIN64 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FEBRUARY 7, 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 the Rev. Hubert Campbell. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of January 17 (as corrected) and regular meeting of Jan. 24, 1978 be approved. Carried.by unanimous vote. PRESENTATIONS AND PROCLAMATIONS Kathy Cagle, President, Board of Directors, National City Municipal Employees, Federal Credit Union, was present and outlined the 25 year history of the Credit Union. Mrs. Cagle presented a plaque to the Council in appreciation of their help over the years and gave each member of the Council a Daily Organizer. ORAL COMMUNICATIONS DALLIS E. WIDICK, 4270 Summit Drive, La Mesa, was present in regard to property he purchased in June at 305 Norton Avenue. Mr. Widick said prior to the purchase of the property he went to the Planning Department and they gave him a piece of paper that stated he was entitled to have a total of eight units on the site and on that assurance the property was purchased; blueprints were submitted to the Planning Department in late October or early November, but he has been in no hurry to complete the project; because of his early submission of this project he would like to be exempt from the provisions of Ord. 1617. Planning Director Gerschler stated he was not familiar with the case but would be glad to research it and report back to Council. Mr. Widick stated he was told that the area is not going to be downzoned, it will stay the same. Moved by Reid, seconded by Camacho, this project be approved. There was discussion. Moved by Morgan, seconded by Dalla, table the motion for a week for the Planner to study and bring back a report. Motion carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Morgan. Nays: Camacho, Reid. Planning Director Gerschler stated he will bring to Council a report on all of these projects. TOM MCFADDEN, 1325 East 26th Street, President, National City Jaycees, was present and stated the Jaycees will be holding the Miss National City Pageant on March 25th and they are asking Council's permission to use the Community Building to hold the pageant and requesting $850 to fund the pageant. Moved by Camacho, seconded by Van Deventer, this be approved, with the understanding they pay the janitor fees. Mayor Morgan stated the $850 is already in the budget for this item. Carried by unanimous vote. It was requested that in the future the Jaycees present such requests for funds and services in the form of a letter to be placed on the Agenda. BILL MEZA, a licensed electrical contractor, and a subcontractor on Sewer Reconstruction Project No. 2, was present and stated that Vido Artukovich, contractor for the project, has not paid him the money 2/7/78 65 due him since August; he has made all efforts to obtain the money and still has not received his money; the work was performed on 15th to 18th Street and Cleveland Avenue; this work is subject to removal under terms of his contract and asked what Council could do to help him. City Manager Gill stated he spoke to Mr, Meza several times as has the City Engineer and City Attorney; the payment that has been made to Artukovich deleted the amount of the lien which has been filed against him; the amount has been encumbered with the City and will not be paid to the contractor until this has been resolved. City Manager Gill suggested to Mr. Meza that his attorney contact the City's attorney to discuss this, City Attorney McLean stated the City does not have a contract with Mr. Meza, but does have one with Mr. Artukovich, among others; the dispute between Mr, Meza and Mr. Artukovich is part of a legal dispute that is private and the City can't force a solution. Mr, Meza stated he was told that Mr. Artukovich has indeed been paid for a portion of work that he had done and it is that payment that he would like to receive; the balance of the work to be paid will probably have to be decided by the courts, The City Engineer stated the City is retaining the $10,000 that Mr. Meza filed a stop notice on, Mr, Meza stated that under the terms of his agreement the work he has done is subject to removal and the Council should be aware that he will take action to remove it unless he is satisfied within ten days, City Attorney McLean stated Mx. Meza's attorney should get in touch with him as soon as possible, CHARLES CERNUCAN, 925 East 8th Street, was present in regard to citation he was given for having three dogs in multiple housing; he lives in one of two single family houses on the lot at 925 East 8th Street, not in multiple housing. Mayor Morgan suggested Mr. Cernucan contact the City Manager tomorrow, PUBLIC HEARINGS The continued HEARING on APPEAL from Planning Department notice of intention to remove an INOPERRATIVE VEHICLE as a public nuisance at 1841 "N" Avenue (Z.V, 77-71) was held at this time, Planning Dir. Gerschler stated the Council had a hearing on this item last month and continued it for 30 days at the request of the property owners who felt they could get the car removed within the 3D-day period; an inspection was made last week and the vehicle was still found to be there. MARIANO CARRENO, 1841 "N" Avenue, was present and stated he works for the Navy, mainly overseas, the first notice his wife received that was sent to the house because he was out of the country; his wife applied for the 30-day extension; she asked for a continuance thinking the car could be removed (without taking into account that fact that the cax had been bought to restore, this is a Corvair, and it's a hobby of his to restore them); he did not want to remove it; since that time he was out of the country again and he has not had the opportunity to take care of the problem; he doesn't have the time to restore the vehicle; for the sake of conforming he would like to sell the automobile; he doesn't want to give it to a wrecker who will charge for removal but would like to wait until the weather has cleared up a little bit and try and sell the parts and get his money back out of it, Moved by Reid, seconded by Camacho, the gentlemen be given 14 days to remove. No one else was present in this regard. Motion carried by unanimous vote, Mayor Morgan stated this will De back on the Agenda in two weeks, ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No, 12,637, "A RESOLUTION OF THE CITY OF NATIONAL CITY OF INTENTION TO SELL REAL PROPERTY AND DIRECTING PUBLICATION OF NOTICE OF BIDDERS INVITING BIDS FOR SAID PROPERTY (Cagle Street)." Moved by Reid, seconded by Camac.ho, Resolution No. 12,637 be adopted. Carried by unanimous vote, 2/7/78 66 Resolution No. 12,638, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SETTING FORTH ITS POLICY IN CONNECTION WITH THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS THIRTEEN CONDITIONS RELATED TO ACCEPTANCE BY THE BOARD OF SUPERVISORS OF THE PROPOSAL FOR THE DEVELOPMENT OF THE PLAZA BONITA REGIONAL SHOPPING CENTER, NATIONAL CITY, CALIFORNIA." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,638 be adopted. Carried by unanimous vote. Resolution No. 12,639, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (temporary construction easement, Center City Redevelopment Project, Montgomery Ward.") Moved by Reid, seconded by Camacho, Resolution No. 122639 be adopted. Carried by unanimous vote. Resolution No. 12,640, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (permanent easement for drainage purposes, Center City Redevelopment Project, Montgomery Ward)." Moved by Camacho, seconded by Reid, Resolution No. 12,640 be adopted. Carried by unanimous vote. Resolution No. 12,641, "RESOLUTION OF AWARD OF CONTRACT (Energy conservation - Civic linter alterations to air conditioning system, Specification No. 866)." Moved by Reid, seconded by Camacho, Resolution No. 12,641 be adopted. Carried by unanimous vote. Resolution No. 12,642, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Portion of 12th Street)." Moved by Reid, seconded by Camacho, Resolution No. 12,642 be adopted. Carried by unanimous vote. Resolution N . 12,643, "RESOLUTION ABANDONING EASEMENT (Graham and Bonamo Subdivision)." Moved by Camacho, seconded by Reid, Resolution No. 12,643 be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 28, dated January 31, 1978, in the amount of $20,426.11 (Warrant Nos. 60669 through 60761); PAYROLL for the period ending January 15, 1978 in the amount of $175,693.67; and, WARRANT REGISTER NO. 29, dated February 7, 1978 in the amount of $263,813.17 (Warrants Nos. 60762 through 60826) was presented. Moved by Camacho, seconded by Reid, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Della, Reid, Van Deventer, Morgan. Nays: None. The Director of Public Works' recommendation to approve a DEFERRAL of requirements to install STREET IMPROVEMENTS at 1107 E. 30th Street (the property owner has requested approval of deferral as a 1911 Act Improvement would be necessary to provide complete improvements in this portion of 30th Street) was presented. Moved by Camacho, seconded by Della, in favor of the recommendation. Carried by unanimous vote. The Director of Public Works' recommendation to approve CHANGE ORDERS 1 and 2 to contract with T.B. Penick & Sons for improvement of KIMBALL PARK ZOO AND TOT LOT (Change order 1 includes additive items of lighting, landscaping, irrigation and Tot lot lump sum of $20,000, all at prices bid for these additive items; total cost, $65,101; Change order 2 adds drainage of the Kimball Park area for a net increase of $5,868) was presented. Moved by Reid, seconded by Van Deventer, this be approved. Carried by unanimous vote. The Director of Public Works/City Engineer's REPORT ON HEARING ON THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 FOR "N" AVENUE AND 9TH STREET, Proposed Assessment District No. 188 (subject hearing was held January 25th; discussion as to method of assessing, paving of alley east of "N" and extending the improvements 2/7/78 67 on "M" Avenue southerly was held; four written protests were accepted; one oral protest was made and two conditional oral protests were made; all protests received represented 16 percent of the benefitted area proposed to be assessed; it is the recommendation of staff that [1] the alley 145' East of "N" Avenue to "N" Avenue be improved for its full length; [2] "M" Avenue be extended southerly approximately 90 feet to serve Assessor's Parcel 557-573-3; 1-3] right-of-way for "M" Avenue and "N" Avenue, that is not a dedicated public street, be acquired in this proceeding; and, [4] the extra costs incurred by this modification of the report be assessed to the benefitted properties as to the extent each parcel benefits. It is recommended that per West's Annotated Street and Highways Code, Paragraph #2905, the project is feasible, that the lands can carry the cost, that the limitations be disregarded on the district as a whole and on the individual specific assessments) was presented. Moved by Reid, seconded by Van Deventer, this be approved and referred to the proper departments and the City Manager. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan. Nays: None. Abstain: Dalla. NATIONAL CITY ROTARY CLUB'S request to serve ALCHOLIC BEVERAGES in the Kimball Community Building (the Rotary Club will hold its annual banquet at the building the evening of February 28th; the Club will host the San Diego County Council of Rotary Clubs with some 150 persons expected to attend) was presented. Moved by Camacho, seconded by Van Deventer, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Van Deventer. Nays: None. Abstain: Morgan. The Director of Public Works' recommendation to approve DEFERRAL of requirements to INSTALL STREET PAVING at 2018-1/2 "I" Avenue (Arevalo) (the applicant stated that an overal11911 Act for street improvements would construct the required pavement in a more satisfactory manner and has offered to sign a Covenant not to protest a 1911 Act as guarantee of the paving) was presented. Moved by Camacho, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. The NATIONAL CITY COMMUNITY RODEO ASSOCIATION'S request to sponsor a carnival and requesting a waiver of business license fees (the Carnival is to be held February 22 through 26 at the Montgomery Ward parking lot; since all proceeds from the event will be used to support National City Youth projects, the Association has requested waiver of business license fees. Staff recommends that authorization for the Carnival be approved subject to full compliance with all City and State regulations and [1] that the business license fee in the amount of $125 be waived; [2] the inspection fee in the amount of $50.00, a direct cost to the City, should not be waived.) was presented. Moved by Dalla, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. JAMES J. WERNER'S application to MOVE A COMMERICAL RESTAURNAT (El Matador) from 1135 Plaza to 1040 N Avenue, a vacant lot, both lots being within the City (applicant agrees to comply with all code requirements for a new building; the Dept. of Building & Housing has inspected the building and recommends the project be processed; the application should be reviewed to determine if the moving of the building will have any adverse effects on the community. Staff recommends the project be processed as a new building and be made to comply with all codes and requirements of new construction.) was presented. Moved by Camacho, seconded by Reid, in favor of the recommendation. Mayor Morgan asked the Planning Department to take careful look at parking for the restaurant as well as new little shopping center. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. 2/3/78 68 PLANNING Alfred..Hlwatasch's PROTEST OF ZONE VARIANCE FOR FAST FOOD RESTAURANT, 30th Street and "I" Avenue, northwest corner was presented. Planning Director Gerschler stated it was staff's recommendation that this matter be submitted to the Planning Commission so they can consider it while they are looking at the zone variance for this project and report back to Council. Moved by Reid, seconded by Van Deventer, in favor of the Director's recommendation. Carried by unanimous vote. Request for exemption from Ordinance 1617, apartment project at 1916 "L" Avenue by Ernie Crawford was presented. Planning Director Gerschle: stated there were seven minor items in dispute; the issue here is the proximity of this project to single family, single story residences in the area which is Planning's understanding is one of Council's main concerns in adopting Ord. 1617; this project has not been sent through the Planned Development review process; if the staff recommendation (the site plan and the privacy issue deserve Planning Commission review under the new planned development permit requirement); is approved, they would file for a PD permit, go before the Planning Commission for a hearing and that would be subject to review by the City Council. ERNIE CRAWFORD, 2538 Dehesa Rd., El Cajon, was present and outlined to Council the events leading to the purchase of this property to be used for building six units; at the time he purchased the property it was zoned for this use and he had been so notified; he had not been notified of the Ordinance. Mr. Crawford stated that he is a small builder and he is requesting not to go through the planned development permit process due to the fact they were not notified of the passage of the Ordinance. There was discussion. Moved by Reid, seconded by Camacho, he get his permits and go ahead. Motion failed, by the following vote, to -wit: Ayes: Camacho, Reid. Nays: Dalla, Van Deventer, Morgan. There was further discussion. Moved by Morgan, seconded by Dalla, the recommendation of the Director of Planning be approved. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Morgan. Nays: Camacho, Reid. MAYOR - No report. CITY COUNCIL COUNCILMAN CAMACHO stated he has discussed with City Engineer Hoffland the problem of traffic at the end of Plaza into the Cherry Blossom area which is terrible; he has received numerous calls from people in the area; the Engineering Department ar Traffic Safety Committee should be directed to look into this; there have been a number of accidents in the area and something should be done to slow down the traffic. City Engineer Hoffland stated he would make an oral present- ation at the next meeting of the Traffic Safety Committee. COUNCILMAN CAMACHO stated he has had reason to check the crime statistics of the City and is genuinely concerned over the amount of armed robberies and losses incurred by auto dealers; he recommends the City Manager and staff meet with the Chief of Police and attempt to secure State or Federal grant money to implement a task force of additional police officers for a period of three years, to protect the citizens, apprehend violators in robbery cases, and furnish adequate security for the car dealers on the Mile of Cars; similar grants have been available to other cities from one to three years. Mayor Morgan stated he believes the Chief of Police is already working on this. City Manager Gill stated the Police Department has submitted a proposed grant for three years regarding motorcycle operations but there has been nothing submitted along these lines. City Manager Gill stated he will investigate the possibility and report back to Council. COUNCILMAN REID stated he would like to have the City Clerk write a letter protesting having the City elect their officials by district to the Legislature. Moved by Morgan, seconded by Van Deventer, a letter of protest be written. Carried by unanimous vote. -i 2/a/78 69 COUNCILMAN DALLA asked City Manager Gill to obtain an estimate on the savings the City might experience with the modified air conditioning system (Resolution No. 12,641) COUNCILMAN DALLA requested the City Manager send complete copies of the weekly Agenda to all candidates in the March election. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 2-78; approving application for Conditional Use Permit to allow a skateboard park with incidental recreational facilities; and, to allow development within the Floodplain Combining Zone at 800 E. 30th Street (CUP 1977-20). No action taken. Councilman Reid stated he wanted to go on record as opposing the skate board facility. Planning Commission Resolution No. 3-78; approving application for Conditional Use Permit to allow an automobile storage yard at 900 W. 17th Street (CUP 1977-22). Moved by Camacho, seconded by Morgan, we appeal Resolution 3-78. BRUCE LOVE, 345 E. 8th Street, attorney for the applicant, was present to request Council not appeal the Resolution. There was discussion. Motion carried by unanimous vote. Planning Commission Resolution No. 4-78; approving application for Conditional Use Permit to allow a single story addition within the rear yard setback to within 10' of the rear property line at 3432 Menard Street. (CUP 1977-27). No action taken. Moved by Reid, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. The meeting adjourned at 8:35 P.M. CITY CLER 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 14, 1978. CICorrections rl No corrections CITY OF NATIONAL CITY, CALIFORNIA 2/7/78