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HomeMy WebLinkAbout1985 01-08 CC MINBook 65/Page 101 1/8/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 8, 1985 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, McCabe, Post, Stafford, Interim City Attorney Tobin. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by Dr. I. Larry Clark, First Baptist Church of El Cajon. APPROVAL OF MINUTES Moved by Cooper, seconded by VanDeventer, the minutes of the regular meetings of December 1I and 18, 1984 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS Moved by Waters, seconded by Cooper, the Mayor's appointment of James E. Dyer to the Traffic Safety Committee be approved. Carried by unanimous vote. Moved by VanDeventer, seconded by Cooper, in favor of staff recommendation that Dan Murphy be appointed Chairperson and Mrs. Leticia Camacho be appointed Vice Chairperson of the Committee for Housing and Community Development. Carried by unanimous vote. Councilman VanDeventer said the Mayor makes appointments to the Street Tree and Parkway Committee and he would ask him to consider Mr. Keen for appointment to the existing vacancy on that Com mittee. Moved by VanDeventer, seconded by Waters, the Mayor consider Mr. Keen for appointment to the Street Tree and Parkway Committee. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS HAROLD REYNOLDS, 635 East First Street, was present re problems at the carwash at Second and Highland and his perception of ',problems" with NCPD response. Moved by Waters, seconded by VanDeventer, this be referred to the City Manager for a report next week and the City Manager advise Mr. Reynolds of his findings. Carried by unanimous vote. S. A. KING, 826 Olive Street, was present re inoperative vehicles parked on National City Boulevard in front of Moynahan's for periods of time of up to three weeks. Discussion. Moved by Waters, seconded by Cooper, it be referred to staff for study and staff bring back a report within thirty days. Carried by unanimous vote. Mention was made of the fact that Scrap Disposal is not operating now and similar businesses in Los Angeles are not operating; it presents a real problem to Moynahan. PUBLIC HEARINGS The PUBLIC HEARING on the PROPOSED VACATION of the SOUTHERLY PORTION OF WILSON AVENUE BETWEEN 12TH STREET AND CIVIC CENTER D RIVE, applicant J. Vernon Myres (This request for street vacation involves a portion of Wilson Avenue that is irregular in shape and located adjacent to the north bound on —ramp to 1-5 at Civic Center Drive; a portion of the area proposed for vacation is improved with a cul—de—sac; the area adjacent is not improved for public use; the applicant proposes to relocate the cul—de—sac 65' to the north of its present location and acquire the area vacated to be used in conjunction with developm ent of a warehouse on the adjacent parcel to the east; with the construction of 1-5 and realignment of Wilson Avenue north of Civic Center Drive, formerly 13th Street, vehicular access was relinquished from Wilson Avenue to Civic Center Drive at this location; title search reveals that the City holds the underlying fee title to the westerly 2,841 sq. ft. of the area to be vacated; the remaining area of the proposed vacation would revert to the adjoining property to the east...Planning Com mission recom mends in favor of the vacation subject to Book 65/Page 102 1/8/85 certain conditions; Staff would recom mend approval only if the proposal for realignment of Civic Center has been permanently abandoned by the City Council) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Posting notice of this hearing were on file. Dir. Plan. Post said the applicant proposes to use the vacated property in connection with construction of a warehouse for his van and storage business, there is no official right of way for future design; the area is in the City's General Plan for future realignment of Civic Center Drive. (JOHN PEREZ MENDEZ, 1523 Wilson Avenue, was present and addressed the Council re senior housing and was advised that was not the subject under consideration at this time.) Discussion re Council's having previously voted against the realignment of Civic Center Drive, the fact that the applicant could build his warehouse whether or not the portion of Wilson was vacated, etc. A representative of the applicant was present and spoke in favor of the vacation. Further discussion. Moved by VanDeventer, seconded by Dalla, the public hearing be closed and the southerly portion of Wilson Avenue between 12th Street and Civic Center Drive be vacated subject to the conditions of staff. Discussion. Carried, by the following vote to —wit: Ayes: Cooper, Dalla, VanDeventer. Nays: Waters, Morgan. The PUBLIC HEARING on the FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 14—A on National City Boulevard, 33rd to 35th Street was held at this time. The City Clerk reported the Certificate of Publication of notice of the hearing was on file. City Engineer Stafford reported this was the final leg of a project which started sometime ago. There was no one present to speak in this regard. Moved by Waters, seconded by Cooper, the public hearing be closed and the formation of Underground Utility District No. 14—A be approved and all conditions of staff be adhered to. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Dalla, the resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,520, "RESOLUTION ADOPTING THE CITY OF NATIONAL CITY INVESTMENT POLICY." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,520 be adopted. Mayor Morgan asked how much of the City's money was invested in the non—insured state program and was advised it was in excess of $4 million, the maximum that is accepted is $5 million. Councilman Dalla inquired if the Community Development Commission invested in the same program and was advised they do. Carried, by the the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Resolution No. 14521, "RESOLUTION AUTHORIZING MAYOR TO SIGN A FIRST AMENDMENT TO AGREEMENT FOR PUBLIC HEALTH SERVICES TO BE FURNISHED BY THE COUNTY TO THE CITY OF NATIONAL CITY (Enforcement of Smoking Ordinance)." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,521 be adopted. Carried by unanimous vote. Resolution No. 14,522, "RESOLUTION AUTHORIZING MAYOR TO SIGN A SEVENTH AMENDMENT TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS JOINT POWERS AGREEMENT." Moved by Cooper, seconded by Dalla, Resolution No. 14,522 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Morgan. Nays: Waters. Resolution No. 14,523, "RESOLUTION DECLARING ITS INTENTION TO PARTICIPATE IN THE RECREATION PLAN OF THE CORPS OF ENGINEERS SWEETWATER RIVER FLOOD CONTROL CHANNEL PROJECT, INCLUDING BEACH PARK." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,523 be adopted. Carried by unanimous vote. Resolution No. 14,524, "RESOLUTION INITIATING THE REQUIREMENT FOR A SPECIFIC PLAN IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 65450 THROUGH 65552 FOR APPROXIMATELY 30 ACRES OF PROPERTY LOCATED SOUTH OF THE SOUTH BAY FREEWAY, NORTH OF LOMACITAS LANE (VALLEY LAND COMPANY)." Moved by Waters, seconded by VanDeventer, Resolution No. 14,524 be adopted. DONAL D F. McLEAN, representing Valley Land Company, was present and asked that the resolution be continued for four weeks, saying there were other ways to proceed that m ight prove mutually beneficial to the City and to Valley Land Company; for example, he has been using "development plan" rather than "specific plan"; since there is time he would like the opportunity to discuss this with the Planning Director, the City Attorney and his clients (Valley Land Company); the City wants protection and he just wanted a little t i m e. Motion Book 65/Page 103 1/8/85 and second withdrawn. Moved by VanDeventer, seconded by Waters, a continuance of thirty days be granted, Mr. McLean meet with the Director of Planning and the City Attorney and hold discussions relating to the resolution and report back to Council before the meeting of February 12. Carried by unanimous vote. Resolution No. 14,525, "RESOLUTION ACCEPTING CONVEYANCE OF PROPERTY FOR STREET PURPOSES (1710 HIGHLAND)." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,525 be adopted. Carried by unanimous vote. Resolution No. 14,526, "RESOLUTION NAMING AND DEDICATING HIGHLAND AVENUE (S.S. & B., A LIMITED PARTNERSHIP)." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,526 be adopted. Carried by unanimous vote. Resolution No. 14,527, "RESOLUTION ACCEPTING CONVEYANCE OF A PERMANENT EASEMEENT FOR DRAINAGE PURPOSES FROM MILGEN INVESTMENT COMPANY (APN 558-170-15)." Moved by Waters, seconded by VanDeventer, Resolution No. 14,527 be adopted. Carried by unanimous vote. Resolution No. 14,528, "RESOLUTION DENYING DEFERRAL OF STREET IMPROVEMENTS AT 430 W. 30th STREET (N.C. SELF STORAGE LTD.)." Moved by Waters, seconded by VanDeventer, Resolution No. 14,528 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. ORDINANCES FOR INTRODUCTION (FIRST READING) Moved by Dalla, seconded •by Waters, the ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1/8/85-1, "An Ordinance amending Ordinance No. 1831 amending Title 17 (Subdivisions) and Title 18 (Zoning) of the National City Municipal Code to establish fees and to allow for the periodic update of fees." Ordinance No. 1 /8/85-2, "An Ordinance amending Title 18 (Zoning) of the National City Municipal Code to establish a new residential zoning category of RS—E (Residential, Single —Family Estate), A-2-84." Ordinance No. 1/8/85-3, "An Ordinance Pursuant to the Land Use Code of the City of National City, California (Case Nos. ZC-5-84 and ZC-7-84)." ORDINANCE FOR ADOPTION Moved by Dalla, seconded by Waters, the ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1844 (12/4/84-1), "ORDINANCE AMENDING ORDINANCE NO. 1832 ADOPTING THE UNIFORM FIRE CODE 1982 EDITION AND THE APPENDIX THERETO." Moved by Van Deventer, seconded by Cooper, Ordinance No. 1844 (12/4/84-1) be adopted. Carried by unanimous vote. NEW BUSINESS The Finance Officer's request for RATIFICATION OF WARRANT REGISTER NOS. 25, dated Dec. 18, 1984, in the amount of $84,265.79, Warrants Nos. 85997 through 86113, and Payroll for the period ending Dec. 15, 1984 in the amount of $273,088.69; NO. 26,dated Dec. 26, 1984, in the amount of $204,364.06, Warrants Nos. 86114 through 86176; and NO. 27, dated Jan. 2, 1985, in the amount of $25,877.15, Warrants Nos. 86177 through 86220, was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. APPLICATION FOR ON —SALE BEER LICENSE, person transfer, of FRANK S. LAMAGRO, CLUB 13, 640 Civic Center Drive, (Police, Planning and Building Departm ents find no grounds for objection) was presented. Moved by Cooper, seconded by VanDeventer, the application be approved. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. Book 65/Page 104 1/8/85 OTHER BUSINESS Planning Commission Notice of Decision, Resolution No. 60-84, approving application for CONDITIONAL USE PERMIT TO ALLOW A DRIVING SCHOOL, 914 East 8 Street, Suite 201, CUP-1984-28 (...involves a driving school having four employees, including owner, and two automobiles to be located within the Highland View Shopping Center...combined Zoning and General Plan designation of property is Commercial, General —Planned Development; intent is to have employees pick up students —no additional cars to cause parking problems at the shopping center) was presented. Moved by Cooper, seconded by Cooper, in favor of Planning Com mission's decision. Discussion. Carried by unanimous vote. Planning Commission Notice of Decision, Resolution No. 61-84, approving CONDITIONAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (Type 41 Liquor License) as an incidental use in conjunction with a bona fide public eating place at 404 West 24 Street, Suite "F", CUP-1984-29, was presented. Moved by VanDeventer, seconded by Cooper, in favor of the Planning Commission's decision. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. The FAST FOOD RESTAURANT STUDY (Study prepared by staff in compliance with City Council direction at the public hearing on Planned Development Permit for the Grove Plaza project at the 7/10/84 meeting and includes: study of existing fast food restaurants; problems associated with fast food restaurants; analysis of Land Use Code, areas of concern in the City: 1. Plaza Boulevard from National City Boulevard east to Highland Avenue, 2. Eighth Street from Highland Avenue east to 1-805, 3. Sweetwater Road on both sides of 1-805 from the golf course east to Plaza Bonita Shopping Center, 4. east side of "G" Avenue between 2nd Street and 7th Street, 5. west side of "I" Avenue between 5th and 8th Streets, and 6. south side of 18th Street between National City Boulevard and Highland Avenue; survey of other agency regulations; fast food industry site selection criteria; staff analysis of methods of regulations; and recommendations) was presented. Director of Planning Post recommended Title 18 (Zoning) of the Municipal Code be amended to add: 1. a definition for "Fast Food Eating Places'; 2. add "Fast Food Eating Places" to Use Group 14, which is permitted in the CG, CH, ML and M M Zones; 3. a Conditional Use Permit for all "Fast Food Eating Places" be required; 4. a distance requirement restricting the location of fast food restaurants within a specific distance of residentially zoned properties; a distance of 300', approximately half a City block is recommended. Mr. Post continued the written recommendations erroneously omitted amendment of the General Plan, and he would recom mend the General Plan be amended to include policy statements in this regard. Councilman Van Deventer stated Sweetwater Road from 1-805 to Plaza Bonita is not a good place for fast food restaurants. Moved by Cooper, seconded by VanDeventer, the Fast Food Study be approved and we move forward with the written and oral recom mendations of the Planning Director, including the six areas and Councilman VanDeventer's com ment about Sweetwater Road from 1-805 to Plaza Bonita. Vice Mayor Waters inquired about Euclid Avenue when it has been fully developed; it will be a main thoroughfare and is mostly residential. The Director of Planning said the vicinities of Euclid and Division and Euclid and Plaza would probably be the only possible affected locations. Councilman Dalla reported his residence is within 300' of one of the areas in the report. Interim City Attorney Tobin said disclosure is sufficient. Mayor Morgan said he could see Council getting into a situation where something good might not be able to come into the City. Motion carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer. Nays: Waters, Morgan. The City Engineer's request for a MEETING OF THE REAL ESTATE COMMITTEE to determine what, if any, action to take on the following parcels of City —owned real property: 560-143-36, 557-380-40, 557-440-22, 557-430-01, 557-430-02 and 557- 430-26 was presented. Vice Mayor Waters recommended a meeting of the Real Estate Com mittee be held on February 12. Councilman VanDeventer suggested the real property at 29th Street and "A" Avenue be added to the agenda. Mayor Morgan requested the City Engineer furnish maps of all the parcels so that he could identify them. It was suggested the two parcels offered for sale on October 23, 1984, for which no offers were received be included. Moved by Waters, seconded by VanDeventer, the Real Estate Committee meet on February 12 to consider the five parcels listed by the City Engineer, the parcel Book 65/Page 105 1/8/85 at 29th and A, and the two parcels which were not sold on October 23. Carried by unanimous vote. CITY MANAGER No report. CITY ATTORNEY Interim City Attorney Tobin said Vice Mayor Waters asked for a report with respect to the effect of voting "NO" on a motion to pay warrants and the duties of signing warrants; signing is a ministerial act whether or not that individual voted "NO" on a motion to disburse; a majority of the Council voted to disburse and it is a valid authorization to sign; ...it carries out the action of the Council. Vice Mayor Waters asked what the Council could doiwwhen that does happen and that person goes around town saying there is something wrong going on at City Hall; that should be cleared up. Mr. Tobin said the key is the com munity; the ultimate ruler is the voter; it can take many forms. Interim City Tobin reported on December 13 letters were sent out to a few dozen attorneys in the County with experience in condemnation; he has received a few letters in response; with the holiday season a few have asked for an additional week to reply and he gave it to them. MAYOR A lettter from Mayor Morgan recom mending the two 4:00 p.m. City Council meetings held each month be held at 3:00 p.m. to enable staff to leave at 5:00 p.m. and not be forced to stay after regular working hours. Discussion re difficulty of the public being able to attend a 3:00 p.m. meeting; possibility of having the two evening meetings a little earlier. No action taken. CITY COUNCIL Councilman Dalla referred the Police Report regarding Plaza Boulevard from east City limit to I-805 to the City Manager, saying he wanted to compliment the Police and asking if it warranted additional enforcement. Councilman Cooper said they are saying they cannot enforce jay —walking and stopping for pedestrians; he didn't agree with the report; if they cannot enforce, then we need to get someone who can. Vice Mayor Waters reported he was invited to participate in the Martin Luther King parade on January 19 and was asked to obtain participation from a service club; he has invited the Lions Club and they will be there. Vice Mayor Waters reported Paradise Valley Hospital is giving several truckloads of bricks from the historic Lemon House which burned during theholidays to the National City Historical Society; the Society plans to build a miniature replica of the Lemon House on the grounds of Granger Music Hall; the miniature will be constructed using the bricks from the original Lemon House which were manufactured by the Kimballs. ADJOURNMENT Moved by Cooper, seconded by Waters, the meeting be adjourned. Carried by unanimous vote. The meeting closed at 8:23 p.m. The foregoing minutes were approved at the regular meeting of January 22, 1985. Corrections No corr : tions CITY OF NATIO AL CITY, CALIFORNIA