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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. 8/17/82 148 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. 8/17/82 149 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. 8/17/82 150 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 8/17/82 151 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