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HomeMy WebLinkAbout1983 01-25 CC MINMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 25, 1983 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: Camacho, Dana, Waters, Morgan. Absent: Van Deventer. Administrative officials present: Campbell, Gerschler, McLean, Sr. Civil Engr. Pachon. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Vice Mayor Camacho, followed with invocation by Mayor Morgan. APPROVAL OF MINUTES Moved by Camacho, seconded by Dallas the minutes of the resular meeting of January 18, 1983, be pproved. Carried by unanimous vote. Absent: Van Deventer. PUBLIC ORAL COMMUNICA MONS - None. PUBLIC HEARINGS The PUBLIC HEARING on APPEAL OF PLANNING COMMISSION DENIAL OF ZONE VARI- ANCE, Z-12-82, at 421 North Highland Avenue (applicant requests Zone Variance to allow reduction in the number of parking spaces required in conjunction with conversion of a residential structure to commercial use; 8 spaces are required; only 5 spaces are proposed) was held at this time. The City Clerk reported the Affidavit of Mailing and Certificate of Publication were on file. Director of Planning Gerschler reported the applicant has found another solution to the problem and unless he was present to be heard, the appeal should be denied and the hearing closed. No one was present to speak. Moved by Camacho, seconded by Waters, the hearing be closed and the appeal of PlanninQCommission denial of Z-12-82 be upheld. Carried by unanimous vote. Absent: Van Deventer. The PUBLIC HEARING on the ASSESSMENT ROLL for the 1911 Act Improvement, DISTRICT NO. 213, ALLEYS NOS. 54, 57, 68 and 81, was held at this time. The City Clerk reported the Affidavit of Mailing was on file. The City Clerk read into the record the one protest received: "Dear Mrs. Campbell: Please accept this as an objection to the assessment in the amount of $2,062.00 for our property located at 1640 Coolidge Avenue, National City, California. I discussed this matter with Mr. Onley prior to the commence- ment of the repairs and expressed the concern for the original estimated assessment of $2,428.00, in that the alley already had an existing concrete drainage pad covering approximately 40-50% of the surface area along our property. Mr. Onley advised me that the existing concrete drainage pad would remain in place and that we could receive a pro-rata reduction in the assessment based upon the square feet of savings resulting from the exist- ing, usable pad. However, the final assessment in the amount of $2,062.00 is only a 15% reduction in the original estimated assessment and I suspect that such final figure does not reflect any reduction resulting from the savings incurred by reason of the existing usable concrete pad. Please reduce the assessment on our property located at 1640 Coolidge Avenue (tax parcel #559-083-06) in proportion to the square feet of savings incurred as referred to above. Your courtesy and cooperation in this matter is sincerely appreciated. Very truly yours, H. Eugene Myers, General Partner•,• Coolidge Avenue Associates." ROBERT ONLY, Associate Civil Engineer, was present and displayed maps of the District, pointing out the areas improved and outlining the nature of the improvements, and said the costs were: Construction $93,732.97, Incidentals $24,920.00, Total $118,652.97, City Contribution $10,858.97, Total to be Assessed $107,744.00. Mr. Onley said he has personally inspected and reviewed the completed improvements and that each parcel within the district has been 1/25/83 assessed as benefitted. Mr. Onley responded to the protest from Mr. Myers, saying Alley No. 54 was erroneously carried as an EDA Paved Center Strip alley; no sewer exists in the alley; the City did not construct the 6' PCC center,from the northerly right of way of 17th Street northerly 50'; the center 6'x6"x50' PCC and the easterly 7'x50' was paved with 2"A.C. on 4" of AGG in 1973 as a requirement of a building permit; the Estimated Assess- ment in report$2,400, Assessment in instant roll $2,062, Actual Benefit Assessment $612, and Total Assessed not beneficial $1,450. Mr. Onley recommended staff be directed to correct the Roll to conform with these findings and also be directed to transfer funds from 1911 Act Contingency to Fund 001-521-5C0-567-0932 to cover the $1,450 City contribution in confrrmance with Council policy. H. EUGENE MYER was present and said he co:.curred vr_ t the corrected assessment. AMERIGO IANNUCI, 1661 San Salva- dor, San Diet , 92128, was present and inquired about his assessment (No. 6, F7.7=1y No. 57). Mr. Onley explained in detail the improvements that were c.:.c, gtructed a':<: the method of payment for same. Mr. Iannuci said he allow i1 :- assessment to go to bond, he did not wish to pay the full .,,urt at this time as he has the property up for sale. No one else was nt to speak. Moved by Waters, seconded by Camacho, the hearing be c :.4=:d and the Assessment Roll for District No. 213, Alleys 54i 57, 68 and .`r. approved with the reassessment of the property at 1640 Coolidge (AP 559-083-06) as recommended by staff. Carried by unanimous vote. Van Deventer. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the Resolutions be presented by title only. Carried by unanimous vote. Absent: Van Deventer. Resolution No. 13,959, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING PURCHASING AGENT TO NEGOTIATE DIRECTLY WITH THE MANUFACTURERS' REPRESENTATIVE FOR PURCHASE OF PARK EQUIPMENT." Moved by Waters, seconded by Camacho, Resolution No. 13,959 be adopted. Purchasing Agent Rachel Levens was present and answered Council's questions. Motion carried by unanimous vote. Absent: Van Deven- ter. Resolution No. 13,960, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALIFORNIA, CONFIRMING ASSESSMENT ROLL, DISTRICT NO. 213, ALLEYS 54, 57, 68 AND 81." Moved by Waters, seconded by Dalla, Resolution No. 13,960 be adopted. Carried by unanimous vote. Absent: Van Deventer. Resolution No. 13,961, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE ACTING CITY ENGINEER TO EXECUTE AN IMPROVEMENT AGREEMENT WITH D. T. SKOURAS." Moved by Waters, seconded by Dalla, Resolution No. 13,961 be adopted. Carried by unanimous vote. Absent: Van Deventer. Resolution No. 13,962, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPOINTING JOHN PACHON AS ACTING SUPERINTENDENT OF STREETS." Moved by Dalla, seconded by Camacho, Resolution No. 13,962 be adopted. Carried by unanimous vote. Absent: Van Deventer. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Dalla, the -Ordinance be presented by title only. Carried by unanimous vote. Absent: Van Deventer. Ordinance No. 1790 (1/12/83-1), "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING ORDINANCE NO. 1699 TO MODIFY REGULATIONS AFFECTING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS IN THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Dalla, Ordinance No. 1790 (1/15/4a-1) be adapted. Planning Director Gerschler answered a question from Council, saying owners of adult entertainment establishments were given an opportunity to be heard. Motion carried by unanimous vote. Absent Van Deventer. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT 1/25/83 REGISTER NO. 29, dated January 18, 1983, in the amount of $57,285.22 (Warrants Nos. 78675 through 78758 - Warrants voided: 78674, 78691, 78750-54) was presented. Moved by Dalla, seconded by Camacho, the Warrant Register be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None. Absent: Van Deventer. APPLICATION for Type 20 original OFF -SALE BEER AND WINE LICENSE of EUGENE C. LORENZANA, dba LORENZANA'S STORE, 1736 East Plaza Blvd. (Police, Planning and Building Depts. found no grounds for objection) was presented. Moved by Camacho, seconded by Waters, in favor of this application. Cat_r-ie4 by the following vote, to -wit: Ayes: Camacho, Dalla, Waters. None. Abstaining: Morgan. Absent: Van Deventer. F.: ' 'S.?C tION for Type 20, original OFF -SALE BEER AND WINE LICENSE of THE :...2'I -N,'D , dba 7-ELEVEN FOOD STORE, 15 North Euclid Avenue ,9 ard Building Depts. found no grounds for objection) was -,ad by Waters, seconded by Camacho, in favor of 7-Eleven's ;:ati.on . Carried, by the following vote, to -wit: Ayes: Camacho, Waters. Nays: None. Abstaining: Morgan. Absent: Van Deventer. 20, original OFF -SALE BEER AND WINE LICENSE of ASSIZ ZOURA, dba FAMILY PRODUCE, 1428 Highland Avenue (Planning and L,:: :ng Depts. found no grounds for objection. Police Dept. recommended pr.:; st unless the applicant agreed to license conditions prohibiting the sale of alcoholic beverages between the hours of 7:00 p.m. and 2:00 a.m.) was presented. Moved by Dalla, seconded by Camacho, the license be Rro- tested pending the ayplicant's signing an agreement as recommended by the Police Department. Discussion. Captain T. W. Fowler, NCPD, was present and answered questions. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters. Nays: None. Abstaining: Morgan. Absent: Van Deventer. The use of SHIPPING CONTAINER for STORAGE PURPOSES at 339 Civic Center Drive (Mike Ramos, National City Motorcycle Repair, requested relief from City's prohibition of metal shipping containers for storage purposes; Planning Commission found Mr. Ramos to be in violation of Land Use Code at their 11/22/82 meeting and he was given 90 days to abate; shipping containers are prohibited in all zones in the City so a temporary use permit would not accommodate this type activity; Council could initiate a Code Amendment; Staff recommends the Code not be amended; an exception to accommodate Mr. Ramos' needs would have to apply equally to all properties.) was presented. Planning Dir. GCrschler reported he.could work this out with Mr. Ramos. Moved by Camacho, seconded by Waters, the item be filed. Discussion. MIKE RAMOS, 339 Civic Center Drive, was present and said he was unaware he was going to be able to work out any- thing; right now there was no way his business could come up with money; he didn't want to go into debt. There was consensus that Mr. Ramos could continue to use the containers while the problem is being worked out. Motion to file carried by unanimous vote. Absent: Van Deventer. OTHER B I . INES S Planning Commission Resolution No. 59-82, "approving application for ZONE VARIANCE to allow a pole-mounted/free standing off -premise sign on property located within the westerly prolongation of 14th Street at Grove Street, east of Interstate 805 (Z-11-82)" was presented. Moved by Morgan, seconded by Camacho, it be approved. Discussion. Carried, by the follow- ing vote, to -wit: Ayes: Camacho, Dalla, Morgan. Nays: Waters. Absent: Van De.,enter. Pla.n'v_ng Commission Re o cation No. 61-32, "approving application for CON 1TIC_NCL USE FERMIT to allow the a d: ition of a bar (counter) to an exc:; virg restaurant at 3118-3120 East Plaza Blvd. (CUP-1982-24)" was presented. Discussion. Moved by Dalla, seconded by Waters, the Council appeal and the matter be set for public hearing. Carried by unanimous Absent: Van Deventer. 1/25/83 CITY MANAGER - Absent CITY ATTORNEY - No report OTHER STAFF - No report MAYOR - No report CITY COUNCIL Cu.ncilman Waters said Council was caught flat-footed when we tried to the book store near the church; he ran into a situation this week w'-•:: <• he thought there would be no problem at all; there is an old bus up c:: r....._-ester and people are living in it; an electrical cord runs to it -=^idence; staff was sent out and said nothing in our ordinances v ,:•. r :: °:s.:; :1. eping in a bus on a City street. Mr. Waters said he to work on that and prepare an ordinance. .ten a thanked ;he Council for support on his stand cn cn Cable TV and said he got a nice response from C'. nnels and 10; o 5,3nato.r, Wadie Deddeh, will take the to the :c , ;.., =1; r- .: �:? .._:�_� ,.;1 1 ; c';' a;.l over the county r=ending C . r,c: z:c- ;:.. v>_ :.=:kn.. ,; except from Cable TV; he feels sowething accomplished. Cc;=.::mailman Dalla reported the South County Council Gn Aging will be holding a fund raiser after the center closes and is obligated for a $50 fee. Movcd by Dalla, seconded by Camacho, the $50 fee be cz ' ,ed. Carried by unanimous vote. Absent: Van Deventer. Councilman Dalla asked the City Attorney if he would report to Council sometime when he has the information on how the protest on the liquor license for the Trophy Lounge came out. Councilman Dalla reported on 9th and National a business has items out on the sidewalk, he thought they were remodeling, but time has passed and it is obvious now that they have the items for sale. Mr. Dalla asked the Planning Dir. to check into it. Mayor Morgan called an Executive Session on litigation at 7:53 p.m. Council reconvened at 9:16 p.m. ROLL CALL Council members present: Camacho, Dalla, Waters, Morgan. Absent: Van Deventer. ADJOURNMENT Mayor Morgan asked for a motion to adjourn to 4:00 p.m., Tuesday, February 1 and announced that at the completion of the agenda for that meeting, Council would adjourn to 7:00 p.m. for the Public Hearing on the General Plan. Moved by Camacho, seconded by Waters, the meeting be adjourned to 4:00 p.m. Tuesday, February 1. Carried by unanimous vote. Absent: Van Deventer. The meeting closed at 9:17 p.m. The fir•g minutes w^:ce approved at the tegular meeting of the City Coy:rr ... on rnbrAry 1, 1933. Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 1/2 5/8 3