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HomeMy WebLinkAbout1985 04-09 CC MINBook 65/Page 188 4/9/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 9, 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, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by the Rev. A. L. Young, First Christian Church. APPROVAL OF MINUTES The City Clerk requested that approval of the minutes of the regular meeting of April 2, 1985 be deferred to April 16 because of late distribution. APPOINTMENT Mayor Morgan recommended that Jess Van Deventer be appointed Vice Mayor for the current year. Moved by Waters, seconded by Cooper, in favor of this recom mendation. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer. Councilman Waters said he intends to finish the real estate item pertaining to Mr. Al Beauchamp, which he undertook as Vice Mayor; when he has completed it, he will bring it back to Council. Mr. Waters thanked everybody for an outstanding year. PUBLIC ORAL COMMUNICATIONS ALBERT DONNELLY (Pres., Bayside Transportation), 1029 W. 24th St., was present and requested approval of placing a modular building on a foundation on his property to operate his business; he talked to Mr. Reid in the Building Dept. who told him to take it to Council; he has to move from his present location by April 22; the modular building would be placed on the property in an elevated position so that he could operate while the foundation was being built. Planning Director Post said a modular structure on a permanent foundation becomes a permanent structure; there are modular structures that are permitted; the vast majority of trailers we have dealt with have not been. Discussion. Councilman Dalla said in the past we have dealt with things we had very little knowledge about, when people failed to go through the proper procedures, we have ended up approving things we really don't want to have in the City; he understands Mr. Donnelly has a time limit, but when we start deviating, we have a problem; if Mr. Donnelly intends to leave tonight with a permit to meet his deadline, he will probably be disappointed; the best thing to do would be to get a permit and go through the proper procedures; Council has not seen this modular unit. Mr. Donnelly showed Council pictures of the unit he plans to order. Further discussion. In response to the question, "What brought on the emergency deadline?", Mr. Donnelly replied, he has been leasing property from Santa Fe and they want the property back; he had a 30—day lease agreement which expires on the 29th, but it will take one week to get the phone system installed. Councilman Van Deventer said the phone system installation can be very flexible; if Mr. Reid thinks this can be worked out, he (Mr. Van Deventer) doesn't think it will be a problem; he would like to see this held over one week to be sure staff is comfortable with the situation. Further discussion. Moved by Morgan Mr. Donnelly be authorized to go ahead if staff approves it and not go ahead if they don't. Motion died for lack of second. Moved by Van Deventer, seconded by Waters, this be referred to the Building Dept. to bring back a report as soon as possible, and this be put on next week's agenda. Discussion. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Waters, the Resolutions be presented by title only. Carried by unanimous vote. (Item 4) Resolution No. 14,600, "RESOLUTION COM MENDING A CITIZEN'S ACTIONS." Moved by Cooper, seconded by Van Deventer, Resolution No. 14,600 be adopted. Carried by unanimous vote. Police Chief Hart introduced Mr. Pablo who was present in the audience. Mayor Morgan asked the City Clerk to prepare a Book 65/Page 189 4/9/85 framed copy of the Resolution to present to Mr. Pablo. Carmen Fernandez, representing Assemblyman Peace, was present and presented Mr. Pablo with a Resolution. Resolution No. 14,597, "RESOLUTION REGARDING THE APPLICATION FOR ACQUISITION OF LOW COST FEDERAL HYDROELECTRIC POWER." Moved by VanDeventer, seconded by Waters, Resolution No. 14,597 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,598, "RESOLUTION AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY." Moved by Waters, seconded by Cooper, Resolution No. 14,598 be adopted. Carried by unanimous vote. Resolution No. 14,599, "RESOLUTION AUTHORIZING AND APPROVING A PRELIMINARY APPLICATION TO THE CALIFORNIA DEPARTMENT OF COMMERCE FOR AN ENTERPRISE ZONE." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,599 be adopted. Carried by unanimous vote. Resolution No. 14,600, "RESOLUTION COM MENDING A CITIZEN'S ACTIONS." See above. Resolution No. 14,601, "RESOLUTION DECLARING MIRA MESA DODGE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH MIRA MESA DODGE." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,601 be adopted. Carried by unanimous vote. OLD BUSINESS The request of OREMEN AND ASSOCIATES ON BEHALF OF THE MEYER C. WEINER COMPANY for DETERMINATION OF WHETHER THE USE OF PERMANENT SHORING WALLS ARE WITHIN THE INTENT OF THE APPROVED PLANNED DEVELOPMENT PERMIT FOR BAY PLAZA SHOPPING CENTER (Proponent has advised that the concrete block retaining wall shown on the plans approved in conjunction with Planned Development Permit PD-4-84, cannot be installed along the back of Building C, D, and E [east property line of project site, north of 14th St.], nor can the crib wall with integrated landscaping be installed adjacent to "L" Ave. extension because they are unable to maintain the required OSHA slope; they state that to maintain the OSHA slope along their east property line requires cutting into the adjacent property, and to maintain the slope adjacent to "L" Ave. extension will require the removal of an existing watermain which the Sweetwater Authority will not allow them to do; in lieu of the approved concrete block retaining wall and crib walls, the proponent proposes to install permanent shoring walls that are constructed of treated wood which will be installed vertically to eliminate the necessity of a slope; the City Engineer has stated concern regarding the technical aspects of the permanent shoring wall; the Planning Dept. is concerned about their visual impact; one of the main issues discussed by the Planning Commission in considering the Planned Development Permit for this project was the type, height, location and visual impact of retaining walls; the Planning Commission was assured of the use of crib walls with integrated landscape on the higher slopes; the wall adjacent to "L" Ave. extension will be 28' in height at its highest point, and the wall behind the building along the east property line will reach a maximum height of about 18'; it appears to staff that they didn't allow adequate space for the installation of these walls; the City's options are: 1. Determine that the use of permanent shoring walls in lieu of concrete retaining wall and crib walls, as requested, is in substantial conformance with the Planned Development Permit granted for this shopping center [permanent shoring walls may be installed], or; 2. Determine that the use of permanent shoring walls in lieu of concrete block retaining wall and crib walls, as requested, is not in substantial conformance with the Planned Development Permit granted for this shopping center [permanent shoring walls cannot be used in place of crib walls]; staff recommends that permanent shoring walls not be used in place of crib walls) was presented. City Engineer Stafford said from an engineering viewpoint, it is quite possible this could be an appropriate wall if it fits the Planning Department's specifications. Discussion. Moved by VanDeventer, seconded by Waters, since we approved the crib wall, we stay with the crib wall. Discussion. LOREN VAN DER SLIK, Meyer C. Weiner Co., San Diego, was present and said they are requesting authorization to install the permanent shoring wall on the west side of the property; it is a better system for that Location and can be a very decorative system. Mr. Van Der Slik displayed a diagram of the proposed wall and briefly described a Book 65/Page 190 4/9/85 permanent shoring wall system. Mr. Van Der Slik continued, they still plan to use the crib wall on the east side of the property. City Engineer Stafford said he believes it is possible to build that wall and it would be sound from an engineering standpoint; the main point is does it meet the aesthetic viewpoint? Further discussion. Vice Mayor VanDeventer said some of the Council members went out and looked at walls built with wood construction and they did not feel they were adequate or presentable; now Mr. Van Der Slik is here tonight with something altogether different; he has changed this thing many times and keeps coming back with different things; he needs to have staff look at the total picture and let them come back to Council for a decision. Councilman Waters said he agrees with Mr. VanDeventer; they are concerned about the boards breaking within a short period of time. Further discussion. Mr. Van Der Slik said he would like to have a determination that this is a decorative wall and let staff review his plans to see if they will work; his proposed wall would be landscaped and would have an irrigation system. Vice Mayor VanDeventer said he doesn't know where there is another unit like this in San Diego; if staff feels we should pursue this, they should find an area where something like this has been built over a year ago, and look at it to see how it has held up and bring back a report to Council. Further discussion. Mayor Morgan inquired if this would hold the project up. City Engineer Stafford said he didn't think so; there are conditions of approval that say all walls will be approved before a permit is issued; if his plans meet the Building Department's requirements, they would not want to hold up the project. Mayor Morgan said he doesn't want to hold up the project; we should let them crib wall on the east side and finish this later. Councilman Da11a said this project has a Planned Development Permit and one of the conditions is a crib wall; if they had proceeded under those conditions, nothing would have held the project up; they are deviating; they asked for a one —week delay and then asked for another two weeks. Further discussion. Planning Director Post said the approved plans show crib walls throughout; in terms of correct procedure, Council feels they have an inadequate level of information. Vice Mayor VanDeventer suggested the applicant make copies of the drawings, any photos he has etc. and submit them to staff. Further discussion. Moved by VanDeventer, seconded by Waters, the motion be amended to include approval to proceed with North, East and South walls, but not the West wall until staff has made a determination. Further discussion. Moved by VanDeventer, seconded by Waters, the motion be amended to include permission to obtain permits for buildings B, C, D & E be granted. Further discussion. Motion and amendments carried by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: None. Abstaining: Cooper. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 40, dated April 1, 1985, in the amount of $41,184.59 (Warrants Nos. 87186 through 87281) was presented. Moved by Waters, seconded by VanDeventer, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. PLANNING COMMISSION — NOTICES OF DECISION Planning Commission Resolution No. 15-85, APPROVING CONDITIONAL USE PERMIT to ALLOW the SALE OF DISTILLED SPIRITS IN ADDITION TO THE EXISTING SALE OF BEER AND WINE as an incidental use to a market at 402 Civic Center Dr., Applicant: Yacoub Y. Bazzi, Case File No. CUP-1985-3 (...involves adding the sale of distilled spirits to the existing sale of beer and wine as an incidental use to a lawful non —conforming grocery store; this grocery store has been in existence since 1932; the present owner has operated this store since 1978; project site is located at the SW corner of Civic Center Dr. and Harding Ave. and contains a land area of 5,750 sq. ft.; the grocery store contains a floor area of 991 sq. ft.; there is also a lawful non— conforming, attached, two —bedroom apartment having 840 sq. ft. on this site; land use within the im mediate area consists of a mixture of light manufacturing uses and lawful non —conforming residential; there are no establishments with an off —sale general liquor license within 1,500' of this grocery store; a grocery store at the NW corner of 16th St. and Coolidge Ave. sells beer and wine only; Combined Zoning and General Plan designation of this property is Manufacturing, Light; the Planning Commission approved subject to eleven conditions; staff concurs with the Planning Commission's recommendation) was presented. Moved by VanDeventer, seconded by Cooper, in favor of staff's recommendation. Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters. Nays: Dalla. Abstaining: Morgan. Planning Commission Resolution No. 14-85, DENYING an APPLICATION for CONDITIONAL USE PERMIT to ALLOW THE OPERATION OF A PAWNSHOP at 139 E. 8th St., Applicant: David M. Simon, Case File No. CUP-1985-2 (Applicant Book 65/Page 191 4/9/85 proposes to establish a pawn shop business at the NW corner of 8th & "B"; this lease space has a store front of 25' and contains a floor area of 3,000 sq. ft., about one half of which is to be devoted to storage according to the floor plans submitted; this particular lease space was used for a pawn shop business about two years ago; the most recent use was a Mexican restaurant; there is an existing pawn shop located one door away; a second pawn shop at this location would not be essential or desirable to the public convenience and welfare; land use within the immediate area consists of a dental lab to the east, a dress shop to the west, retail sales store with incidental auctions to the south and lawful non —conforming residential to the north; Combined Zoning and General Plan designation of this property is Commercial General; staff concurs with the Planning Commission's denial) was presented. Moved by Dalla, seconded by Van Deventer, this be filed. Councilman Cooper said we are talking about a man's livelihood; this man had a business here for twenty—five years; he (Mr. Cooper) sat through the Planning Com mission meeting and listened to people say they did not want this business; that is denying a man the right to make a living; the Police Dept. does not have any bad record on this man; he has called the Police Dept. many times when he thought stolen merchandise was being brought to him; he ran a good clean operation before he got sick and he should be able to come back. MISS JOHNSON, 1845 "E" Avenue, was present and said Mr. Simon needs the pawnshop desperately. M R. SIM ON (Applicant) was present and said his father was in business at this location for many years; he (Mr. Simon) had a business license in his own name; two years ago, he decided to retire, but now wants to go back into business; he has spent a lot of money fixing up the store; he has a recommendation from Captain Milke and Sgt. Furr saying he ran a clean business. Moved by Van Deventer, seconded by Waters, the motion be amended to include this be held over for one week and the Police Dept. do a study on pawn shops and Mr. Simon. Planning Director Post said this is a Notice of Decision; either it should be filed or set for public hearing; there is a report from the Police Dept. in the case file. Vice Mayor Van Deventer said that report does not include Mr. Simon; we should give him the benefit of the doubt. Discussion. Moved by Waters, seconded by Van Deventer, this be set for public hearing on May 7, 1985. Councilman Dalla said one of the findings that has to be made in order to grant a CUP for a pawn shop is that it is essential and desirable to the public convenience and welfare; these findings have to come from Mr. Simon and he should be prepared at the public hearing. Further discussion. Motion carried by unanimous vote. CITY MANAGER City Manager McCabe requested an Executive Session on Personnel on completion of the agenda. CITY ATTORNEY City Attorney Eiser said on March 26, Councilman Dalla requested an opinion on the necessity of motions to approve Resolutions and Ordinances by title only; he has researched this, written a report and arrived at the conclusion that it is necessary for Council to continue to follow this procedure with Ordinances, but not for Resolutions; Council must unanimously approve "reading of Ordinances by title only" after the title has been read, but only at the time of introduction for final adoption; no Code Section expressly speaks to the procedure for adoption of Resolutions. Discussion. The City Attorney advised Resolutions could be "Consent Calendar" items. City Attorney Eiser requested a workshop meeting re the City's Self —Insured program, either prior to or after the next afternoon meeting. Mayor Morgan suggested adjourning this meeting to 3:30 p.m. next Tuesday (April 16). OTHER STAFF The City Clerk's report on OPENING OF SEALED BIDS for IMPROVEMENTS TO CENTER STRIP ALLEY NOS. 8, 13, 15, 16, 17 and 19 (Six bids were received: T. B. Penick & Sons — $107,311.08; L. R. Hubbard Const. — $78,496.78; J. Kovac Const. — $81,612.00; Dyno Const. — $89,206.33; Alex McLintock, Inc. — $91,777.00; Sapper Const. — $86,647.95) was presented. Moved by Van Deventer, seconded by Dalla, this be filed. Carried by unanimous vote. MAYOR — No report. CITY COUNCIL Vice Mayor Van Deventer said he had received a lot of complaints about people at 18th & Prospect being unable to get out on 18th St. because of cars parked on the SE corner. Moved by Van Deventer, seconded by Cooper, this be referred to the Traffic Safety Committee to consider red curbing. Carried by unanimous vote. Book 65/Page 192 4/9/85 Councilman Waters said it has been some time since we had a dinner to honor members of our Boards/Commisisons/Committees; he contacted the San Diego Country Club and the price of dinner plus tip is $14.00 per person; he would like to plan such a dinner for May 9. Moved by VanDeventer, seconded by Cooper, in favor of this recommendation. Discussion. Carried by unanimous vote. Councilman Waters said he received a request from the Boys' Club for the City Engineer and the City Manager to go over and take a look at their wall; they need help and they want to know what to do about it. Moved by Waters, seconded by VanDeventer, they look at the wall and bring back a report to Council. Carried by unanimous vote. Councilman Waters asked the City Clerk to read into the record the City Attorney's opinion regarding pay for the last Council secretary. Councilman Waters said a question has been raised that since Council requires evaluation sheets to be filled out for their secretaries, why are they not required for the Police Chief or the City Manager who are appointed by the City Council . Councilman Dalla spoke of the planned dinner for members of Boards etc., and inquired who would be coordinating it. Councilman Waters said the secretaries could help coordinate it and perhaps the wives of Council members could be present to greet the guests. Councilman Dalla said there was a problem on the West side; the Director, Bldg. & Safety and the Fire Marshal met with the people and made an effort to deal with the problem; they had not planned for the meeting, but these employees did a good job and should be commended. Mayor Morgan called an Executive Session at 8:10 p.m. Council reconvened at 8:28 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. ADJOURNMENT Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 3:30 p.m., April 16, 1985. Carried by unanimous vote. The meeting closed at 8:29 The foregoing minutes were approved at the regular meeting of April 16, 1985. Corrections No cor tions MAY CITY OF NATIONAL CITY, CALIFORNIA