HomeMy WebLinkAbout1982 08-17 CC MIN147
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
AUGUST 17, 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: Campbell, Grahl,
McCabe, McLean, Principal Planner Post.
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. Juan Acosta, St. Matthew's
Episcopal Church.
APPROVAL OF MINUTES
Moved by Van Deventer, seconded by Camacho, the minutes of the regular
meetin of August 10 1982 be a roved. Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
Mayor Morgan introduced Ronald Griffin, Jr. Boy Scout Troop 888, who
was present in the audience and is working on his Citizenship Merit
Badge.
Vice Mayor Camacho introduced his grandson Jeremiah, who was present in
the audience,
Councilman Waters presented a $500 check from American Legion Post 255
to Fire Chief Bridges, to be used for Christmas toys and needy families.
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Van Deventer, the Resolutions be
presented by title only. Carried by unanimous vote.
Resolution No. 13,874, "RESOLUTION ACCEPTING A REQUEST FOR DEFERRAL OF
STREET IMPROVEMENTS AND A COVENANT RUNNING WITH THE LAND (2432 East
18th Street - Calvary Baptist Church)." Moved by Van Deventer,
seconded by Camacho, Resolution No. 13,874 be adopted, Carried by
unanimous vote.
Resolution No. 13,875, "RESOLUTION ACCEPTING CONVEYANCE OF REAL
PROPERTY (Grant Deed for street purposes, Community Development
Commission)." Moved by Camacho, seconded by Van Deventer, Resolution
No. 13,875 be adopted. Carried by unanimous vote.
Resolution No. 13,876, "RESOLUTION DEDICATING CITY -OWNED PROPERTY FOR
PUBLIC STREET PURPOSES (a portion of 31st Street)." Moved by
Van Deventer, seconded by Waters, Resolution No. 13,876 be adopted.
Discussion. Carried by unanimous vote.
Resolution No. 13,877, "RESOLUTION ACCEPTING CONVEYANCE OF REAL
PROPERTY (blanket utility easement, Community Development Commission)."
Moved by Van Deventer, seconded by Camacho, Resolution No. 13,877 be
adopted. Carried by unanimous vote.
Resolution No. 13,878, "RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM
DEED TO WILLIAM ACOSTA (Fig Court just East of Gilbert Lane
551-613-04)." Moved by Van Deventer, seconded by Camacho, Resolution
No. 13,878 be adopted. Carried by unanimous vote.
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Resolution No. 13,879, "RESOLUTION AFFIRMING AND RATIFYING CERTAIN
CERTIFICATIONS AND FINDINGS IN CONNECTION WITH A SUPPLEMENT TO THE
ENVIRONMENTAL IMPACT STATEMENT, NATIONAL CITY DOWNTOWN REDEVELOPMENT
PROJECT." Moved by Van Deventer, seconded by Dalla, Resolution No.
13,879 be adopted. Discussion, Carried by unanimous vote.
Resolution No, 13,880, "RESOLUTION ESTABLISHING FEES TO RECOVER COSTS OF
PRODUCING CITY COUNCIL AGENDA AND MINUTES." Moved by Waters, seconded by
Van Deventer, Resolution No. 13,880 be adopted. Discussion. Carried by
unanimous vote.
Resolution No. 13,881, "Resolution granting a Planned Development Permit
pursuant to Ordinance 1077 (To construct a McDonald's Restaurant on
property located within the 1300 block of Grove Street, West side,
PD-1-82)." Moved by Morgan, the proposed cul-de-sac be referred to
staff and set for Public Hearing. Motion died for lack of second.
Discussion, City Attorney McLean said the Public Hearing on McDonald's
application for a Planned Development Permit was closed; to modify the
action of Council now would require another Public Hearing; Council
cannot take out or modify one of the conditions without a Public Hearing.
Further discussion. Mr. McLean said one way of implementing the CUP
would be to construct the cul-de-sac on Grove St. without a vacation
procedure; this cul-de-sac could be temporary and could be removed by
future Council action; alternatively, a regular street vacation
procedure could be pursued, which would result in the City extinguishing
its rights in the street right-of-way; assuming that the City doesn't
own the underlying fee, it would revert to the adjacent owners. Further
discussion. Mr. McLean continued, it is his understanding there will be
a curb put on the City right-of-way to block the street, which can be
removed. Councilman Dalla said closing the street would cause additional
congestion until Euclid goes through. Councilman Van Deventer said the
street should be left open until Euclid goes through; the applicant
could be required to post a bond for possible future closing. Further
discussion. Moved by Morgan, seconded by Waters, a Public Hearing on
the closing of Grove St. be set, all interested parties be notified, and
staff be directed to issue no permits until after the hearing.
Discussion. Carried, by the following vote, to -wit: Ayes: Camacho,
Waters, Morgan. Nays: Dalla. Abstaining: Van Deventer.
ORDINANCE FOR INTRODUCTION - FIRST READING
Moved by Camacho, seconded by Van Deventer, the Ordinance be presented
by title only. Carried by unanimous vote.
Ordinance No. 8/17/82_1, "Ordinance repealing Ordinance No. 1732 and
adopting San Diego County Ordinance No. 6378 (new series) relating to
health, sanitation and Land Use Permit investigation and inspection
fees."
ORDINANCES FOR ADOPTION
Moved by Camacho, seconded by Van Deventer, the Ordinances be presented
by title only. Carried by unanimous vote.
Ordinance No. 1780 (8/1(03-1), "ORDINANCE AMENDING TITLE 18 (ZONING)
OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT ADULT ENTERTAINMENT
ESTABLISHMENTS IN THE CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE (CBD)."
Moved by Van Deventer, seconded by Waters, Ordinance No. 1780 (g/ la_i)
be adopted. Carried by unanimous vote.
Ordinance No. 1781 (8/19/82_2), "ORDINANCE AMENDING TITLE 18 (ZONING)
OF THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT THE USE OF PRIVATE
VIEWING ROOMS IN ESTABLISHMENTS THAT SELL OR RENT PRE-RECORDED VIDEO
TAPES." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1781
(g//A/g-2) be adopted. Carried by unanimous vote.
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149
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of
WARRANT REGISTER NO, 6, dated August 10, 1982, in the amount of
$175,509.28 (Warrants Nos. 77109 through 77201), and CERTIFICATION of
PAYROLL for the period ending July 31, 1982, in the amount of
$247,259.69 was presented. 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 CLAIMS for DAMAGES of ERNEST STANLEY, S. & A. INVESTMENT CO.,
RICHARD ALLEN, and STANDMARK, INC., (cross -complaint) filed with the
City Clerk on August 6, 1982 were presented. Moved by Camacho, seconded
by Van Deventer, these claims be denied and referred to the City Attorney.
Carried by unanimous vote.
OTHER BUSINESS
PLANNING
The proposed 5-year OIL and GAS LEASING program - DEPARTMENT OF THE
INTERIOR (On August 3, 1982, Council directed staff to research the
Department of the Interior's proposed 5-year oil and gas leasing program,
which identifies three tracts off the San Diego coast for possible oil
and gas exploration; SANDAG is opposing the leasing of these tracts for
the following reasons: 1. The lack of sufficient technology to drill
in deeper waters such as those off the California coast; 2. The San
Diego coastline could be impacted by oil spills, and existing oil spill
clean-up procedures are felt to be inadequate; 3. The amount of oil and
gas available in the area does not warrant the expense or environmental
risks involved; in 1975; the U. S. Dept. of the Interior proposed several
oil and gas leases off the California coast; at that time, the City
Council discussed the issue but never adopted a position; historically,
National City has relied on the Port District and Coastal Commission to
address substantive issues relating to the waterfront; Council may, if
it wishes, take a position on this matter; the following options have
been identified: 1. Support the Leasing Program [This would recognize
the need to explore and develop off -shore oil and gas resources.];
2. Oppose the Leasing Program [Opposition could be based on the SANDAG
findings or on other concerns of Council.]; 3. Maintain a neutral
position [Council currently has no formal position on this issue; it is
not necessary to take a position at this time.]) was presented. Moved
by Waters, Council support this program. Motion died for lack of
second. Moved by Van Deventer, seconded by Camacho, Council remain
neutral on this issue until sufficient information is received from the
Port District and the Coastal Commission. Discussion. Carried, by the
following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays:
Waters, Morgan.
PLANNING COMMISSION - NOTICES OF DECISION
Planning Commission Resolution No. 25-82, CONDITIONAL USE PERMIT to
allow a new FIRE STATION for National City at the Northeast corner of
24th Street and Euclid Avenue, Case File No. CUP-1982-5 (... involves
the proposed development of a single -story fire station building that
will contain 2,840 sq. ft. of office/living area, 1,860 sq. ft. of
apparatus area, and off-street parking for 9 vehicles; project site is a
corner lot having 95 ft. of frontage on 24th St. and 92 ft. on Euclid
Ave.; parcel contains a total land area of 14,755 sq. ft.; the building
will be located on the site so as to provide a minimum 20 ft. wide area
of landscape on each street frontage; land use within the immediate area
consists of a day care center to the East, Lincoln Acres School
playground to the North, residential across 24th St, to the South and
vacant land across Euclid Ave. to the West; the Planning Commission
approved this application subject to 2 conditions set forth in subject
resolution; staff concurs with the Planning Commission's approval) was
presented. Ordered filed by unanimous vote.
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150
Planning Commission Resolution No. 26-82, approving APPLICATION for
CONDITIONAL USE PERMIT to allow SMALL BOAT REPAIR on property located at
1204 West 32nd St., CUP 1982-12 (... involves the proposed use of
100,000 sq. ft. of Tideland area located at the Southwest corner of
32nd and Goesno Place, for repair of boats not exceeding 90 ft. in
length [fenced area located immediately North of the boat ramp parking
lot]; the southerly portion of this site is not presently fenced or
surfaced with decomposed granite and oil; applicant states this site
will be a temporary work location and repair operations will include
welding, grinding, sanding and painting; hours of operation will be
7:30 a.m. to 4:00 p.m., Monday through Friday; number of employees at
this site will vary between 10 and 30; maximum number of boats
undergoing repair at any one time will be 8, with the average being 4;
the Planning Commission has stressed the "temporary" nature of this
activity; this is significant because the Port District General Plan,
the National City General Plan, and the now pending National City
Coastal Plan all show this area for "commercial -recreation" usage; the
recently completed E.I.R. for the Sweetwater Flood Control Channel shows
considerable expansion of the adjoining recreational areas, pointing
toward some excellent opportunities for compatible commercial -
recreational development of subject site; the Conditional Use Permit
application by Bay Cities Marine, Inc., and the conditions attached to
the CUP are for a one-year period, with a provision that would allow
extensions; the Planning Commission advised the applicant that it is
not, in any way, their intention that the Conditional Use Permit be
anything but a temporary arrangement; Planning Commission approved
subject to 14 conditions set forth is subject resolution; staff concurs
with the Planning Commission's position) was presented. Ordered filed
by unanimous vote.
Planning Commission Resolution No. 27-82 APPROVING application for
PLANNED DEVELOPMENT PERMIT to allow development of a 4-STORY OFFICE
BUILDING containing 57,684 sq. ft. on property located within the 2700
block of Plaza Blvd., South side, PD-4-82 .... involves development of a
frame and stucco, 4-story office building [3 office levels over a
parking garage], containing a total area of 51,684 sq. ft. [47,285 sq.
ft. leasable], on a parcel of land containing 82,012 sq. ft.; ground
floor area of the building will be a parking garage containing 18,088
sq. ft. and will accomodate 54 automobiles; an open parking facility for
an additional 104 automobiles will be provided adjacent to the East and
West ends of the building; project site is vacant and located on the
South side of Plaza Blvd. across from the Plaza Manor Apartment complex;
[the Planning Commission approved this project on December 8, 1980
Planned Development Permit No. PD-4-80]; because the applicant failed
to exercise this permit within one year, or extend it, the permit became
null and void on December 17, 1981; approval of this application will
reactivate the Planned Development Permit for this project; staff
concurs with the Planning Commission's approval) was presented. Moved
by Waters, seconded by Morgan, this be approved. Discussion re exits
onto Plaza Blvd. City Engineer Grahl said the review of the Parking
Facility and the traffic flow indicates that most of the traffic would
be exiting from the easterly exit; it would be no problem to install
"Right Turn Only" signs at both exits. Further discussion. Carried,
by the following vote, to -wit: Ayes: Camacho, Dalia, Waters, Morgan.
Nays: None. Abstaining: Van Deventer.
CITY MANAGER - No report.
CITY ATTORNEY
City Attorney McLean reported the Police Chief has taken action to
suspend theap awn ho licens of "We Lend More, Inc.", 940 National
City Blvd/; ''1 tav 'c V ,'gel Erowneer sof the business) has appealed this
action and the matter of the appeal is before Council today; City
Ordinance provides that the owner should make the appeal in writing,
stating grounds for appeal; at the hearing on the appeal, Council should
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151
consider reports of staff, together with statements from the appellant,
and within 10 days after the hearing, render its action sustaining or
denying the appeal. GERSHON GREENBLATT, Attorney for Mr. Vogel, was
present and requested the hearing be continued for one month; he did not
receive the information for this case until 3:00 p.m. yesterday, and he
will need a month to prepare the case. Discussion. Moved by Morgan,
seconded by Waters, this hearing be continued to September 28, at
7:00 p.m. Carried by unanimous vote.
OTHER STAFF
City Engineer Grahl reported he has received an estimate of $805 to
repair the switching light in Kimball Park. Moved by Morgan, seconded
by Waters, this be approved. Carried by unanimous vote.
City Engineer Grahl reported he had been approached by the Engineer for
MTDB who requested Civic Center Drive be closed for one week commencing
September 6, and again in November, to complete the double tracking for
the trolley. Moved by Waters, seconded by Camacho, in favor of this
request. Carried by unanimous vote.
MAYOR
Mayor Morgan reported the pay phones have been removed from the Community
Bldg. and the swimming pool; the seniors need these phones for
emergencies and he would like to see them replaced. Moved by Morgan,
seconded by Waters, Asst. City Manager Ballard have these phones
replaced. Councilman Dalla asked Mr. Ballard to check into the pay
phones that do not require coins for an emergency call. Carried by
unanimous vote.
Mayor Morgan spoke of a driveway problem at Kenton & 4th. Moved by
Morgan, seconded by Waters, this be put on next week's agenda. Carried
by unanimous vote.
Mayor Morgan spoke
St. if Mr. Fessman
Van Deventer, this
vote.
of the City's installing blacktop and granite on 19th
pays $2,000. Moved by Morgan, seconded by
be put on next week's agenda. Carried by unanimous
Mayor Morgan spoke of a promotional exam at Public Works, where one man
claimed he was going to get the job and was allowed to operate the
backhoe prior to the examination.
CITY COUNCIL
Councilman Waters reported the City received a check from Las Palmas Golf
Course, in the amount of $515.09, representing a percentage of the
profits for the month of July; this is the first payment the Golf Course
has made.
ADJOURNMENT
Moved by Waters, seconded by Camacho, the meeting be adjourned to
7:00 p.m., August 24, 1982. Carried by unanimous vote. The meeting
closed at 5:00 p.m.
CITY CLL2K
The foregoing minutes were approved by the City Council at their
)(
regular meeting of August 24, 1982.
Corrections
No Corrections
CITY OF NATIONAL CITY, CALIFORNIA
8/17/82