Loading...
HomeMy WebLinkAbout1983 07-26 CC MINBook 63 Page .1/.3 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 26, 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, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Benzing, Bolint, Campbell, McCabe, McLean, Acting Planning Director Post. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalla, the minutes of the regular meeting of July 19, 1983 be approved. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Camacho. APPOINTMENTS The Mayor's proposed appointment of Roy G. Fierro to the Traffic Safety Committee was printed. Moved by Waters, seconded by Van Deventer, in favor of the Mayor's recommendation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS ROBERTO MARTINEZ (Chicano Federation of San Diego County) was present and alleged the situation between the NCPD and the Chicanos has gotten worse; the City Council and the Chief of Police have lost control of the Police Dept.; he had several people who wished to speak. City Manager McCabe said an investigation is underway and a report will be brought back to Council when we are allowed to make it public. YOLANDA BURRELL, 5929 Alleghany, San Diego, was present and alleged she and her family were watching television in their home and a National City Policeman (Officer Bickel) entered their home; he was irate and out of control; she tried to calm him down but he continued yelling and tried to pull her brother outside; his conduct was unprofessional. Ms. Burrell continued, Officer Rudershausen told her to shut up and get inside; she asked him what was going on and he told her to shut up or he would take her to jail. She called NCPD and talked to Sgt. Tricker, saying she wanted to file a complaint; she came down here that night and was told she could not file a complaint, but to come back the next day; she called the Chicano Federation instead; the policeman told her that her brother-in-law was speeding and he had chased him into San Diego. FRANK GUERRERO, 1210 E. Division St., was present and said he would like to put in a complaint against the Police Dept. for needless harrassment; he was in his house, and when he saw the police (Officer Coyle) drive up, he ran; the policeman grabbed his foot and broke it; another officer told him to get outside; he refused and the officer took out his billy club and hit him through the screen door; before the police arrived, he and his wife had been arguing, but he did not know she had called the police; after he was treated for his injuries, he was taken to jail; he was told he was being charged with resisting arrest. Discussion. Mayor Morgan suggested they take their complaints to the District Attorney. Councilman Camacho said he has gone out with the Police and has never seen them commit brutality; Anglo people are arrested, but they do not come to Council to complain. Further discussion. Councilman Waters said the last time Mr. Martinez came to Council, he was told that these cases would be checked out; if the officers in question were found guilty, they would be dismissed; it has to go through the proper process. 7/26/83 Book 63 Page .329" )34 HOWARD ADLER, Eagle Furniture, was present to request an additional parking lot sale on Labor Day; they have already had two parking lot sales, but need to have a third one. Acting Planning Director Post said Eagle Furniture has had two parking lot sales in this calendar year which is all he is entitled to under the Temporary Use Permit procedure; he would be entitled to another sale if he obtained approval of a Conditional Use Permit by the Planning Commission and Council; the earliest that could take place would be September 10. Discussion. Mr. Adler continued, he had gotten the papers to apply for a Conditional Use Permit but did not return them; September 10 will be too late. Further discussion. Mayor Morgan said there is no way the application could be processed in time to allow the sale for Labor Day. Discussion re amending the Ordinance to allow more than two parking lot sales per year. Moved by Van Deventer, seconded by Camacho, staff be authorized to study this and see if the Ordinance can be changed to allow more than 2 parking lot sales per year. Carried by unanimous vote. PUBLIC HEARING The Public Hearing on WEED ABATEMENT (In accordance with Ordinance No. 1155, Council shall consider the Weed Abatement Officer's report, to- gether with any objections or protests by any interested parties; at the conclusion of the hearing, Council shall either approve the report and account as submitted, or as modified and corrected by Council; the amounts so approved shall be liens upon the respective lots or premises and Council shall adopt a resolution assessing said amounts as liens upon the respective parcels of land; staff recommends the report be approved) was held at this time. Fire Marshal Devendorf was present and said 27 parcels were abated at a total cost of $15,156.32 during the period July 8, 1982 through July 15, 1983. Discussion. In re- sponse to the question, "What happens if the weeds are abated from a certain property and the property is sold before the bill is paid?", Mr. Devendorf replied the assessments g- with the property; it would be a civil matter for the new owner to go back to the old owner. Fur- ther discussion. No one was present to speak in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed, the re- port be approved and all stipulations of staff be adhered to. Carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: None. Abstaining: Dalla, Van Deventer. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be present- ed by title only. Carried by unanimous vote. Resolution No. 14,098, "RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MEAD DATA CENTRAL FOR COMPUTERIZED LEGAL RESEARCH SERVICE." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,098 be adopted. Discussion. City Attorney McLean answered Council's questions re cost, amount of usage. Mr. McLean said this (equipment installed without charge; fees for actual time used) did not come up in time for the budget; it seems like a good opportunity that is about to expire; if the service does not work out, it can be stopped at any time up to a year. Further discussion. Motion carried by unanimous vote. Resolution No. 14,099, "RESOLUTION MODIFYING ITEM 20 OF RESOLUTION NO. 12,129 ADOPTED SEPTEMBER 11, 1979." Moved by Waters, seconded by Camacho, Resolution No. 14,099 be adopted. Carried by unanimous vote. Resolution No. 14,100, "RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXECUTE AN IMPROVEMENT AGREEMENT WITH CANYON PARK TOWNHOMES." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,100 be adopted. Carried by unanimous vote. 7/26/83 Book 63 Page k30' / 3; Resolution No. 14,101, "RESOLUTION OF AWARD OF CONTRACT ('F' AVENUE SEWER) ASSESSMENT DISTRICT NO. 215." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,101 be adopted. Carried by Unanimous vote. Resolution No. 14,102, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, CLARIFYING ITS INTENT REGARDING CONDITION Q OF RESOLUTION NO. 14,007 ADOPTED MARCH 15, 1983." Moved by Waters, seconded by Van Deventer, Resolution No. 14,102 be adopted. Carried by unanimous vote. Resolution No. 14,103, "RESOLUTION CONFIRMING ASSESSMENT FOR WEED ABATE- MENT." Moved by Camaoho, seconded by Dalla, Resolution No. 14,103 be adopted. Carried by unanimous vote. Resolution No. 14,104, "RESOLUTION FIXING AND ADOPTING THE TAX RATE OF THE 1983-84 FISCAL YEAR." Moved by .vate s, s'?conded by Van Deventer, Resolution No. 14,104 ` adopted. Carried by unanimous vote. ORDINANCE FOR ADOPTION Moved by Dalla, seconded by Waters, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1801 (g/043-2),"ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING THE LAND USE CODE OF THE CITY OF NATIONAL CITY RE- LATING TO ZONE CATEGORIES TO ACCOMODATE THE NEW COMBINED GENERAL PLAN/ ZONING MAP." Moved by Van Deventer, seconded by Dalla, Ordinance No. 1801 (7/g/83-2) be adopted. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION (FIRST READING) Moved by Dalla, seconded by Waters, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 7/26/83-1, "Ordinance pursuant to the Land Use Code of the City of National City amending the Floodway Combining Zone bound- aries on various properties in the City of National City (Case File No. ZC-1-83)." Mayor Morgan expressed concern about the City being exposed when citizens come to Council and voice complaints. City Attorney McLean said there is no problem with a citizen who wants to come here and voice his com- plaint; the problem lies when Council undertakes to answer the complaint prematurely; we do not have a free hand in dealing with employees' be- havior; if we believe, after investigation, that the employee is guilty of misconduct, we cannot settle that at the City Council; there is an elaborate procedure that must be followed in dealing with public employ- ees, particularly in dealing with public safety employees. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 3, dated July 19, 1983, in the amount of $175,894.76 (Warrants Nos. 80662 through 80751 [voided 80662 and 80690]) was present- ed. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The request of NATIONAL CITY PARK VILLAGE HOMEOWNERS' ASSOCIATION to AMEND its CC and R's (...located at 1213 'E' Ave.; this amendment would allow them to conform with the provisions set forth in Civil Code Sec- tion 1725 regarding a cost ceiling on late charges for delinquent assess- ment; the CC and R's currently require that delinquent assessments shall bear interest from the date due until paid at the rate of 6% per annum; the amendment would change this requirement and state that delinquent assessments only incur a late charge of $5.00; amendments to CC and R's 7/26/83 Book 63 Page i. /3h' require Council approval; staff recommends approval) was presented. Moved by Van Deventer, seconded by Camacho, in favor of this request. Discussion. Carried by unanimous vote. The Acting Planning Director's Report on STATUS of URGENCY ORDINANCE 1794 establishing STANDARDS for MOTEL DEVELOPMENT (A recent change in Government Code reduces the life of such an Ordinance from 120 days to 45 days; the extension of the motel ordinance will be before Council at a Public Hearing on August 9, 1983; ten days prior to expiration of the Ordinance, Council must issue a written report describing the mea- sures taken to alleviate the condition which led to adoption of the On'inance; permanent development regulations for motels are currently being prepared by staff to be considered by the Planning Commission on August 15, 1983 and should be before Council in early September; staff will be proposing a new "motel overlay zone" which will designate cer- tain areas of the City as being suitable for motels, based on such things as freeway access, neighborhood compatibility and proximity to support facilities such as restaurants; this will be tied to the Planned Development process in order to give Council and the Planning Commission control over individual projects; staff will be seeking Council direction in establishing the overlay zone boundaries; the permanent regulation will prohibit kitchens in all but the manager's unit; the 1,500' maximum distance from a freeway will be eliminated; a minimum parcel size of at least 20,000 sq. ft. and a minimum unit size of 300 sq. ft. will be proposed; recreational facilities could be addressed; adequate landscape and open space areas will be required; the City's most recent motel is under construction at Plaza and 'L'; this is a 40-unit project with no kitchens except in the manager's unit; 18 of the rooms contain 250 sq. ft. and 21 units have 312 sq. ft.; the lot is 22,200 sq. ft. and is 2,400 ft. from 1-805) was presented. Discussion. Acting Planning Director Post said the standards described in the Uniform Building Code are very liberal; there is no instruction on room size; staff is just starting to study that now. Councilman Camacho said there are 6 motels in the city with kitchens; Mr. Avalos is willing to eliminate kitchens, turn the traffic problems away from 8th and on to 'C' and a number of other things in order to build his motel; he is well into the construction preliminaries and the City has stopped his project. Further discussion. Mayor Morgan said staff is moving as fast as they can; there is a church next to Mr. Avalos' prop- erty and the church is upset about the motel. Further discussion. Acting Planning Director Post said the Public Hearing will be noticed in the Star News and notices will be sent to all developers who are proposing motels in the City at this time. Mayor Morgan spoke of the "Sundown Law" and said it should be read by all motel owners. FRANK AVALOS, 3905 Darwin, San Diego, was present and said his property as it is now, is an eyesore; a motel will beautify the location and add to the City's revenue; he has been a businessman in National City for 10 years and plans to change his residence to National City; he has the feeling he has been singled out because the Ordinance came suddenly. Discussion. Moved by Morgan, seconded by Van Deventer, the report be approved. ROBERTO ANDRADE, 1609 Casa Place, was present and said he has known Frank Avalos since 1960; he is an honest man who wants to start a business; he is trying to improve the City. Motion carried by unanimous vote. The City Attorney's PROPOSED BALLOT MEASURES re STREET LIGHTING (See Document No. 69094 three alternates) were presented. Moved by Morgan, seconded by Camacho, we adopt alternate no. 2 for the ballot. Vice Mayor Dalla suggested the voters should have the option of voting to have funds taken from another City project to pay for additional street lights as written, the measure would be defeated; people will not vote to pay an extra fee. Discussion. Moved by Van Deventer, seconded by the wording be changed from "all residential property owners" to "all property owners". Carried by unanimous vote. Original motion carried by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. 7/26/83 Book 63 Page kS2137 The Director of Public Works' and Assistant City Manager's CONCEPTUAL REVIEW of STREET SWEEPING by CONTRACT (See Document No. 69095, staff recommendation to prepare RFP's to enable a cost comparison between in-house and contracted work) was presented. Moved by Morgan, seconded by Van Deventer, this report be approved. Discussion re covering spe- cial events such as Fourth of July, etc. Carried by unanimous vote. The application for OFF -SALE BEER AND WINE LICENSE, TYPE 20, PERSON 7'ANSFER OF Nazhat Y. & Sabah T. Mansour, dba S & G Market, 2540 E. J_?th St., (Police, Planning and Building Departments state no grounds objection) was presented. Vice Mayor Dalla commented that t'; P lice Department stated no notice was posted. Discussion. City Attorney McLean said the Police Chief could check this out. Moved by Van Deventer, seconded by Camacho, this license be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The application for ON -SALE BEER AND WINE LICENSE, TYPE 41, PERSON TRANSFER of David H. Lim, 1528 E-F Sweetwater Rd. (Police, Planning and Building Departments state no grounds for objection) was presented. Moved by Van Deventer, seconded by Camacho, this license be approved. Carried, by the following vote, to -wit: Ayes; Camacho, Dalla Van Deventer, Waters. Nays: None. Abstaining: Morgan. The CLAIM FOR DAMAGES of ROBERT S. BEVERLY, arising from an incident on May 5, 1983, and filed with the City Clerk on July 20, 1983 was present- ed. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of GUILLERMO CERVANTES TRUJILLO, arising from an incident on May 18, 1983 and filed with the City Clerk on July 14, 1983 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of JOHN LANZETTA, arising from an accident on June 27, 1983, and filed with the City Clerk on July 18, 1983 was pre- sented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of DAVID GUERRERO, arising from an incident on May 31, 1983, and filed with the City Clerk on July 18, 1983 was pre- sented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of AL HORTON, arising from an incident on July 18, 1983, and filed with the City Clerk on the same day was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of CHARLES E. LINT, arising from an incident on May 12, 1983, and filed with the City Clerk on July 19, 1983 was pre- sented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 21-83, APPROVING APPLICATION for CONDITIONAL USE PERMIT to ALLOW an AMERICAN TAEKWONDO ASSOCIATION MARTIAL ARTS and FITNESS CENTER at 3118/3120 E. Plaza Blvd., CUP-1983-6 (...involves the establishment of a "Nautilus" equipped American Taekwondo Assoc. Fitness Center within a portion of the Plaza Village Shopping Center; the concept of this center is physical training with discipline in the Martial Arts and Fitness; the Planning Commission 7/26/83 Book 63 Page 4r33` 13 q approved this application subject to the 5 conditions set forth in subject Resolution; staff concurs with the Planning Commission's ap- proval) was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 22-83, APPROVING APPLICATION for CONDITIONAL USE PERMIT to MODIFY CONDITIONS of PLANNING COMMISSION R.GOLUTION NO. 5-79 to ALLOW NATIONAL UNIVERSITY to EXPAND their area o: use at 12 No. Euclid (National University proposes to add additional pi;ing and convert approximately 5,800 sq. ft. of previously used ri1 sales space to 7 classrooms; the Planning Commission approved application subject to the 12 conditions set forth in subje,.:. L 1ution; staff concurs with the Planning Commission's approval) was p:c.sented. Ordered filed by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No reports. MAYOR The Mayor's request for study and report on need of air conditioning at Casa de Salud was presented. Moved by Van Deventer, seconded by Camacho, a report be prepared in time for next year's budget. Carried by unanimous vote. Mayor Morgan spoke of the old cars and trash that are stacking up around the City, saying it is really becoming a problem. Discussion re comprehensive report made by staff. It was suggested the report come back a few items at a time. Moved by Van Deventer, seconded by Camacho, this problem be brought back to do something now. Discussion. Carried by unanimous vote. Mayor Morgan spoke of putting up a rail on 'L' Ave. where a car went over the hill and asked the City Manager to check into this. CITY COUNCIL Councilman Waters reported that a property owner asked the water com- pany to replace a broken cap on their water meter and was told it was his responsibility to replace it. Mr. Waters asked Mayor Morgan, as the water representative, to look into this matter. Councilman Van Deventer reported the Girls' Softball team played the Kiwanis' team; the Kiwanis won 8-2. Vice Mayor Dalla asked for reports on Claims and the status of current litigation on a regular basis. City Engineer Benzing reported the property owners at 16th & Euclid signed an Encroachment Removal Agreement; with Council approval, they will be able to build a wall; at the next Council meeting, Council will decide how they wish to dispose of this piece of property. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 4:00 p.m., August 2, 1983. Carried by unanimous vote. The meeting closed at 9:11 p.m. CITY CLERK( ( 7/26/83 Book 63 Page -34' 1 59 The foregoing minutes were approved at the regular meeting of the City Council on August 2, 1983. Corrections No Corrections 7/26/83