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HomeMy WebLinkAbout1982 05-18 CC MIN83 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 18, 1982 The regular meeting of the City Council of the City of National City was called to order at 4:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, Grahl, McCabe, McLean. 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. Hubert Campbell, First Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of May 11, 1982 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS The Mayor's proposed appointment of Robert J. Hennes to the Park and Recreation Advisory Board was presented. Moved by Van Deventer, seconded by Camacho, in favor of this appointment. Carried by unanimous vote. The Mayor's proposed reappointment of Leticia Camacho, Christine Culver, Helen Hailing, Kathleen Hjerleid, Andres G. Magaoay, Daniel Murphy, Barbara Strahan, William Wallace and Cornelia Warren to the Committee for Housing and Community Development was presented. Moved by Van Deventer, seconded by Camacho, in favor of these reappointments. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS None PRESENTATIONS JARVIS WATSON, California Ammonia Co., was present and introduced WALTER BRYGGMAN, President of California Ammonia. Mr. Bryggman spoke of the importance of ammonia for fertilizer; their proposed site is the Port District area, Mr. Jarvis showed slides of the proposed site on Tidelands and their tanks in Stockton, CA. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote, Resolution No. 13,807, "RESOLUTION AMENDING RESOLUTION NO. 13,638 GIVING SIGNATURE AUTHORITY REGARDING JOINT POWERS AGREEMENT (JPA) FOR RISK MANAGEMENT TO THE CITY MANAGER OR HIS DELEGATE." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,807 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,808, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF GILBERT LANE BETWEEN PALM AVENUE AND FIG COURT." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,808 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,809, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF 31ST STREET LOCATED BETWEEN THE EASTERLY RIGHT- OF-WAY OF NATIONAL CITY BLVD. AND THE SOUTHERLY PROLONGATION OF 'A' AVENUE (SC-4-81)." Moved by Waters, seconded by Camacho, Resolution No. 13,809 be adopted. Carried by unanimous vote. 5/18/82 84 Resolution No. 13,810, ►►RESOLUTION OPPOSING THE NEW RESIDENTIAL ENERGY REGULATIONS BY THE STATE ENERGY COMMISSION." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,810 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,811, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT OF RETAINING WALL IN THE PUBLIC RIGHT-OF-WAY (1530 East 7th Street - Balcorta).9/ Moved by Waters, seconded by Van Deventer, Resolution No. 13,811 be adopted. Carried by unanimous vote. Resolution No. 13,812, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT OF FENCE IN THE PUBLIC RIGHT-OF-WAY (2145 East 8th Street - Church of Christ)." Moved by Van Deventer, seconded by Waters, Resolution No. 13,812 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,813, "RESOLUTION ACCEPTING A REQUEST FOR DEFERRAL OF STREET IMPROVEMENTS AND A COVENANT RUNNING WITH THE LAND (2145 E. 8th Street - Church of Christ)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,813 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,814, "RESOLUTION ORDERING WORK (EDA Alleys 54, 57, 68 and 81), ASSESSMENT DISTRICT NO. 213." Moved by Waters, seconded by Camacho, Resolution No. 13,814 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer. Resolution No. 13,815, "RESOLUTION ADOPTING WAGE SCALE (EDA Alleys 54, 57, 68 and 81), ASSESSMENT DISTRICT NO. 213." Moved by Camacho, seconded by Waters, Resolution No. 13,815 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer. Resolution No. 13,816, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT OF WIRE IN THE PUBLIC RIGHT-OF-WAY (301 West 30th Street - Systems Management American Corp.)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,816 be adopted. Discussion. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION - FIRST READING Moved by Camacho, seconded by Van Deventer, the Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 5/18/82-1, "Ordinance pursuant to Land Use Code of the City of National City, California (Rezone to add PD [Planned Development Combining Zone] the property located South of 30th Street opposite ►K► through ►L► Avenues) ZC-1-82." Ordinance No. 5/18/82-2, "Ordinance amending Title 18 (Zoning) of the National City Municipal Code to require gasoline service stations to provide air, water and restrooms for service station customers - A-3-82." Ordinance No. 5/18/82-3, "Ordinance regulating parking and obstructions in fire lanes." Ordinance No. 5/18/82-4, "Ordinance amending Ordinance No. 7 of the City of National City, to allow certain refuse containers on the public right-of-way." 5/18/82 85 NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 42, dated May 10, 1982, in the amount of $107,395.38 (Warrants Nos. 75999 through 76072 [void 75998]) and CERTIFICATION of PAYROLL for the period ending April 30, 1982, in the amount of $227,457.03 was presented. Moved by Waters, seconded by Van Deventer, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla Van Deventer, Waters, Morgan. Nays: None. The City Treasurer/Finance Director's statement of CHANGES in CASH BALANCES for the month ending April 30, 1982 was presented. Ordered filed by unanimous vote. The application for TYPE 41, PERSON TRANSFER LIQUOR LICENSE (dropping partner) of GLORIA L. FINNEY, dba El Maya, 929 National City Blvd. (Police, Planning and Building Departments state no objections) 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 ALFRED and JACKIE GERARD, resulting from an incident on February 17, 1982 and filed with the City Clerk on May 10, 1982 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. WRITTEN COMMUNICATIONS The request of Robert L. Thomas of Robert L. Thomas Enterprises, Inc, for IDENTIFICATION POLE SIGN, HERITAGE PARK OFFICE PLAZA, Center City Redevelopment Project (Applicant obtained prior approval from the Community Development Commission, obtained a building permit from the City on May 11, 1982; proper procedures were followed; Heritage Park Plaza, Ltd. will indemnify and hold harmless the City and the CDC from any liability for accidents, injuries or deaths which may arise in connection with the sign, and will name the City and the CDC on its liability insurance policy as additional insureds; Heritage Park Plaza agrees to maintain the sign in good order, and should they fail to do so, will grant the City the right to effect such maintenance as may be required and bill Heritage Park Plaza for such work; failure on their part to pay such bill or bills within 30 days shall entitle the City to establish a lien on the office building property; any change in the sign property will be subject to approval by the City Council; Heritage Park Plaza, Ltd. further agrees that the above provisions shall apply to their successors in interest) was presented. ROBERT THOMAS, President, Robert L. Thomas Enterprises, Inc. was present and introduced JOHN BRAMSTEAD, who displayed a colored rendering of the proposed sign. Councilman Van Deventer inquired if space for the sign could be sold to Heritage Park, or could the conditions of liability on the Grant Deed be changed. City Attorney McLean replied that we can require, as a condition of permitting the encroachment, that insurance be maintained. Discussion. Mr. McLean advised the City can require a notice requirement, which the insurance company would provide, that in the event the policy is cancelled or premiums unpaid, the City is to receive a 30-day notice of cancellation of the policy; then the City could either pay the premium or take some other action. Further discussion. Moved by Morgan, seconded by Camacho, the sign be approved for a period of 25 years, with the owner having the option of renewal for an additional 25 years, and this be referred to the City Attorney to work out the wording so that the City is fully protected (amended motion). Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. 5/18/82 86 OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION A. Planning Commission Resolution No. 12-82, APPROVING CONDITIONAL USE PERMIT to allow a VETERINARY CLINIC at 2415 Plaza Blvd., CUP 1982-4 (... involves a Veterinary Clinic to be located within one of the units at Windmill Plaza Shopping Center; the Land Use Code limits this type of use to the treatment of only those kinds of small domestic animals or household pets commonly maintained in residence with man; staff concurs with the Planning Commission's approval ) was presented. (See Councilman Waters' comments in next paragraph.) Moved by Waters, this be denied and set for Public Hearing. Motion died for lack of second. Ordered filed, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Devente- Mar9an. Nays: Waters. (Items A, B, C & D were voted as a single item.) B. Planning Commission Resolution No. 13-82, APPROVING ZONE VARIANCE to allow a VETERINARY CLINIC to be located less than 100 ft. from a residential zone at 2415 Plaza Blvd., Z-3-82 (... involves variance from the City's zoning regulation requiring aveterinary clinic be located a distance of at least 100 ft. from any residential zone; these premises are 39 ft. from a residential zone and are located within the Windmill Plaza Shopping Center; Windsor Heights apartment complex is located on the adjacent residentially zoned property immediately to the North at an elevation of about 18 ft. above the floor levels of the shopping center; staff concurs with the Planning Commission's approval) was presented. Councilman Waters objected to a veterinary clinic in that area; there is a grocery store in the shopping center and a residential area directly behind it; a veterinary clinic could produce odors and noise. Planning Director Gerschler said the merchants in the shopping center were notified, and he received no complaints. Moved by Waters, this be denied and set for Public Hearing. Motion died for lack of second. Ordered filed by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. (Items A, B, C & D were voted as a single item.) C. Planning Commission Resolution No. 14-82, APPROVING substantial CHANGE in development from that considered by the Planning Commission in their APPROVAL of PLANNED DEVELOPMENT PERMIT for property at 1645 E. 16th St., PD-7-81 REV. (In January, 1982, the Planning Commission approvee Planned Development Permit to allow the addition of a two-story duplex to be attached to the rear of an existing single-family dwelling subject to 10 conditions; the proponent was unable to satisfy one of the ten conditions and therefore, redesigned the project; the project now provides for development of a detached, two-story duplex to be located 43 ft. North of the existing single-family dwelling, and will comply with residential development standards of the Land Use Code; staff concurs with the Planning Commission's approval) was presented. Ordered filed, by the following vote, to -wit: Ayes: Cam Van Deventer, Morgan. Nays: Waters. (Items A, B, C & Da wcho, ere vvoted9as a single item.) D. Planning Commission Resolution No. 15-82, NE to allow REDUCTION in SETBACKS and to allow VEHICLESING to entervaRIANCE public street TRAVELING in OTHER THAN A FORWARD MOTION at 1339 Hoover Ave., Z-4-82 (. involves reduction in the required 4 ft. front and exterior side yard setback to 11/2 vehicles enter a street travelingvinla forward motion, ance from the ttoe allo that w 4 vehicles [2 on 14th St. and 2 on Hoover Ave. to back onto the street; applicant desires to construct a single -story industrial building containing a total floor area of at least 2,900 sq. ft.; project site contains a total land area of 4,687.5 sq. ft., alley access and measures 37%25 a corner lot with no ft.t•in by th; adjacent parkways measure 142ft. inwidth;l development�n indsetrict compliance with the City's zoning regulations would reduce the buildable area from that shown on the submitted plans by approximately 1,800 sq. ft.; staff concurs with the Planning Commission's approval) was presented. 5/18/82 87 Ordered filed, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. (Items A, B, C & D were voted as a single item.) CITY MANAGER City Manager McCabe reported that he, the City Engineer and the Police Chief had checked out the traffic situation at Stockman and Cagle and recommended placing a Stop sign on Cagle, with some associated striping and warning signs. Moved by Morgan, seconded by Van Deventer, in favor of the City Manager's recommendation. Discussion. Carried by unanimous vote. CITY ATTORNEY No report. OTHER STAFF No report. MAYOR No report. CITY COUNCIL Vice Mayor Camacho called a meeting of the Finance Committee for Tuesday, May 25 at 8:00 a.m. Councilman Waters asked what kind of fencing the Mayor liked and was advised that he liked ornamental iron. Councilman Waters inquired about employees' use of sick leave; some employees use each day as it accrues. City Manager McCabe explained the City's policy with regard to sick leave. Councilman Van Deventer thanked the City Manager for his report on laundromats, but said there was no mention of the restroom problem. City Manager McCabe said he would pick that up. Councilman Van Deventer spoke of a letter and Resolution received from the City of Bellflower urging support of Proposition 9. Moved by Van Deventer, seconded by Morgan, we adopt a Resolution in support of Proposition 9, and direct it to all other cities in the County. Carried by unanimous vote. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 7:00 p.m., May 25, 1982. Carried by unanimous vote. The meeting closed at 4:51 p.m. C=X-e---- CITY CLE The foregoing minutes were approved by the City Council at their regular meeting of May 25, 1982. Corrections No Corrections R CITY OF NATIONAL CITY, CALIFORNIA 5/18/82