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HomeMy WebLinkAbout1981 06-09 CC MIN123 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 9, 1981 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: 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 June 2, 1981 be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed Proclamation of "HONOR AMERICA, June 14 through July 4, 1981" was read. Moved by Van Deventer, seconded by Camacho, the Proclamation be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS None PUBLIC HEARINGS The PUBLIC HEARING on APPEAL of Planning Commission's DENIAL of application for CONDITIONAL USE PERMIT to allow an amusement arcade and deli -bar at 29 West 8th St. (appealing party - Alfred Hojnacki - CUP-1980-10) was called at this time. Alfred Hojnacki, 532 Broadway, El Cajon, was present and requested a continuance on this hearing, due to illness in his family. Discussion. Moved by Waters, seconded by Camacho, this hearing be continued to July 14, 1981 (amended motion). Carried by unanimous vote. The CONTINUED PUBLIC HEARING to review request of Mr. Ruben Madrigal, USA -City Cab, for TAXICAB PERMIT to operate 16 taxicabs within the City of National City was held at this time. City Manager McCabe reported he had contacted various organizations (Chamber of Commerce, Paradise Valley Hospital, Senior Citizens, etc.), asking for input on cab service in the City, as directed by Council, and to his knowledge no comments have been received. DAVID I. BERMAN (Attorney for Mr. Madrigal), 110 W. "C" St., San Diego, was present and said City Cab was requesting 16 taxicab permits; to his knowledge there are at least that many issued to other companies that are not being used. Mr. Berman displayed photos of City Cab's equipment, stating the equipment is in good, safe condition. RUBEN MADRIGAL (owner of City Cab), 446 E St., Chula Vista, was present to answer questions: Q: How many cabs are owned by City Cab? A: 37; Q: Why is City Cab requesting only 16? A: He understood it was almost impossible to get a taxicab permit in National City; he wanted whatever Diamond wasn't using. Mayor Morgan expressed his concern that allowing more taxicabs in the City would create a problem with conflicting cab companies similar to the problems in San Diego. FRANK EICKHOLT, 1415 "D" Ave. was present and said he had seen City Cabs pass by without stopping, but later found out they cannot make pickups in National City. CHARLES WILSON, 1415 "D" Ave. was present and said he seldom uses cabs and therefore, has no complaints about cab service in National City. MIKE MAY 6/9/81 124 (President National City Rotary Club and insurance agent for Diamond Cab), 10699 San Diego Mission Rd., San Diego, was present and said Diamond Cab had reduced the size of their fleet due to lack of business; anyone else who tries to get a permit in National City would be taking a slice of an already diminishing business; no other cab company can give the service Diamond Cab can because it is located in National City. MARION WILCOXSON (dispatcher for Diamond Cab), 168 E. L St., Chula Vista, was present and said the average waiting time for a cab is ten minutes; Diamond Cab's fleet is down about 50% and he doesn't feel there is a need for more cabs in National City. JEFFERY MOORE (?), 4053 Muir Ave., San Diego (driver for USA -City Cab), was present and said he is frequently ,flagged down in National City, but cannot make pickups; he further stated he is a lease driver. Discussion. Moved by Morgan, seconded by Camacho, the Public Hearing be closed and the City Manager be directed to prepare a report and come back to Council 60 days after 6/30/81. Further discussion. Carried by unanimous vote. The PUBLIC HEARING on PROPOSED AMENDMENT to TITLE 18 (Zoning) of the National City Municipal Code to require "site plan review" for all single family dwellings and to set forth minimum standards for all FACTORY -BUILT HOUSING hereafter placed within National City (proposed amendment will require any mobile home placed on a permanent foundation to meet all requirements for the zone in which located) was held at this time. The City Clerk reported the Certificate of Publication was on file; Planning Director Gerschler reported the Planning Commission and staff recommend approval. Discussion. No one was present to speak in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed and the Amendment to Title 18 be approved, with all stipulations of staff. Carried by unanimous vote.. The PUBLIC HEARING on APPEAL of Planning Commission's DENIAL of Certificate of Compliance for property located at 1010 E. 24th St., Assessor's Parcel No. 563-021-02, R. E. Bowman, CC-1-81 (At the Planning Commission meeting of April 27, 1981, the City Attorney reported the factual history of this situation did not support a denial of the requested Certificate of Compliance; in the absence of factual justification for denial, the issuance of such certificates is obligatory [see Government Code Sec. 66499.35]; staff cannot, therefore, concur with Planning Commission's denial; unless new facts are introduced at City Council hearing on this appeal, it will necessarily be staff's recommendation that the Certificate of Compliance be approved) was held at this time. The City Clerk reported the Affidavit of Mailing was on file. A written protest from Merle Pickering, 2513 "K" Ave., was read into the record. Planning Director Gerschler stated Planning Commission has denied this request. R. C. BEALL, 3509 Putter Dr., Bonita, was present and said he and his partner, Mr. Bowman, bought the lot in question, assuming it was not a problem lot; the lot was split more than 20 years ago and the boundary lines were adjusted prior to their purchase; prior to their purchase, they checked with Engineering and Planning Departments and were told there would be no problem getting a building permit, which they got in 1979; a lawsuit was filed by neighboring properties relative to old CC&R's on the property and they voluntarily surrendered their building permit; the lawsuit was dismissed on the day the trial was scheduled by the plaintiffs with prejudice and they can never bring that claim up again; when they re -applied for the building permit, they were told they needed a Certificate of Compliance; if the Certificate of Compliance is issued, they plan to build a single family dwelling, conforming to all City regulations; the deed does not state the lot has to be 10,000 sq. ft. Discussion. City Attorney McLean said there were two main issues: 1. What is the effect of the deed restrictions on the property? The deed restrictions are a private contract among the various lot owners who bought the property subject to those restrictions; the City had nothing to do with those restrictions .,. the City has no legal standing to enforce those deed restrictions ... 6/9/81 125 one of the interested persons in that matter said the City should take measures to enforce and I say now, as I said then, the City has no legal standing to enforce the deed restrictions; I advised that, if he felt the deed restrictions were being violated, he would have to take action; I was told later suit had been filed; I learned later, and it was confirmed, that the suit was filed to enforce the deed restrictions and it was dismissed with prejudice; legally speaking, the people who filed the proceeding told the court "we give up, we pull the case and we are making no further claims;" the legal effect of that is that the effected neighbors gave up and said in effect, you are right and we are wrong and we give up with prejudice;" second, was the old lot split illegal and if it was, if it violated City law, then the buyers own an illegal building site; Mr. Gerschler and I spent considerable time looking at old Ordinances, old minutes, old files and it turns out to be a mystery; we cannot determine how the old lot was split; we heard statements which we cannot confirm or refute. Mr. Beall commented there were several lots in Olivewood Terrace that appear to have more than one dwelling on them. JAMES W. BIRD, 2529 "K" Ave., was present and said the reason the lawsuit was dismissed was because in the past, not all transfers of title carried the old CC&R's. DOROTHY REID, 217 E. 18th St., was present and said when they originally bought the property, they were told the lot could be split; in 1979 when they got an offer to buy the property, she checked with Planning and Engineering and was told how to go about it; there was nothing in the deeds about the CC&R. MARIA PARKER, 2408 "K" Ave., was present and said Mr. Reid had told her several times, he divided the lot for tax purposes, but could not build on it. MILO WOOD, 2610 "K" Ave., was present and said this lot was bought with the understanding it was a justifiable division of the property; all the other residents in Olivewood Terrace bought their lots with the understanding they would remain inviolate R1 lots; these facts should be weighed accordingly. GENE BOWMAN, 845 E. 8th, was present and restated Mr. Beall's views. ANN RIGGS, 2731 "K" Ave.,, was present and said there are two or three lots in Olivewood Terrace that have guest houses on the lots which do not meet the specifications of a full rental. KELLY BATCHELOR, 2439 "J" Ave., was present and said she doesn't feel these lots are big enough for two houses. GLENN BATCHELOR, 2439 "J" Ave., was present and said before he purchased his lot in Olivewood Terrace, he checked with the Planning Department to make sure these lots could not be split; the large lots were.a big part of his decision to purchase his house. Discussion. Moved by Van Deventer, seconded by Camacho, Planning Commission's action be upheld. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,568, "RESOLUTION APPROVING NATIONAL CITY TRANSIT's AMENDED TDA CLAIM FOR FISCAL YEAR 1980-81." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,568 be adopted. Carried by unanimous vote Resolution No. 13,569, "RESOLUTION AUTHORIZING EXECUTING OF CORPORATION QUITCLAIM DEED TO JOHN J. AND MARY A. MC CONNELL" (a parcel of land on "I" Ave. between 24th St. and 26th St.; at assessment hearing on "I" Ave. 1911 Act, Council directed the return of any unneeded land deeded to the City previously by Mr. and Mrs. Owens be returned to the present owners). Moved by Van Deventer, seconded by Dalla, Resolution No. 13,569 be adopted. Carried by unanimous vote. Resolution No. 13,570, "RESOLUTION AUTHORIZING EXECUTION OF THE 1981-82 NCPD YOUTH DIVERSION PROGRAM CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO COUNTY BOARD OF SUPERVISORS." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,570 be adopted. Discussion. Carried by unanimous vote. 6/9/81 126 Resolution No. 13,571, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO FOR EXCHANGE OF PROPERTY TAX REVENUES." Moved by Waters, seconded by Camacho, Resolution No. 13,571 be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 47, dated June 2, 1981, in the amount of $121,389.34 (Warrants Nos. 72486 through 72551) and RATIFICATION OF WARRANT REGISTER NO. 48, dated June 9, 1981, in the amount of $242,509.96 (Warrants Nos. 72552 through 72611) was presented. Moved by Dalla; seconded by Camacho, the Warrant Registers be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City Clerk's report on the opening of SEALED BIDS for the construction of KIMBALL PARK PHASE III -A, LWCF No. 06-00822 on June 3, 1981 (four bids were received: Viewland Investment Co., Inc. $770,585.00; Fritz Nachant - $821,730.00; L. R. Hubbard Jr. - $785,380.00; T. B. Penick & Sons - $764,000.00) was presented. Discussion regarding change orders on previous contracts and the possibility of not awarding to the lowest bidder. Ordered filed by unanimous vote. The REQUEST of National City National LITTLE LEAGUE BASEBALL ASSOCIATION to serve alcoholic beverages in the Kimball Community Building (they are holding a dance on June 20, 1981 from 6:00 p.m. to 2:00 a.m., approximately 200 adults expected to attend; City rental policy requires: applicant obtain a use permit from Dept. of Alcoholic Beverage Control, copy to be filed with Public Works prior to the event; Certificate of Insurance [personal liability and property damage in the amounts of $100,000 for a single occurrence and $300,000 for multiple occurrences, naming the City as co-insured ] be submitted; security arrangements be approved by Chief of Police; staff recommends approval, subject to these requirements) was presented. Moved by Van Deventer, seconded by Camacho, the request be approved. Carried by unanimous vote. The request of NATIONAL CITY TRANSIT for approval of FARE STRUCTURE for FY'82 (major changes to include: 1. base fare increased from 500 to 600; 2. E/H fare increased from 250 to 400;_ 3. child/student fare increased from 250 to 400; 4. regional and elderly/handicapped passes will be established with NCT getting credit for acceptance of the passes; 5. a regular transfer from NC Transit to the San Diego Trolley will require an additional 200 trolley ticket; 6. Transfers from the San Diego Trolley, San Diego Transit and Chula Vista Transit will be accepted free; staff recommends approval with a request that the Mayor and Council write a letter to the legislature in support of S.B. 572) was presented. Moved by Waters, seconded by Camacho, this request be approved. Carried by unanimous vote. The request of NATIONAL CITY TRANSIT for approval of ROUTE STRUCTURES for FY'82 (major changes to include: 1. elimination of Route 603; 2. elimination of Route 601 between Sweetwater and Valley Rd.; 3. restructuring of Routes 601 and 602 to serve the 24th St. light rail station; 4. restructuring of Route 604 to serve the 8th St. light rail station; 5. reduction of Route 601 headways to 45 minutes during the base period; 6. reduction of Route 602 headways on Saturdays to 45 minutes; staff recommends approval) was presented. Moved by Van Deventer, seconded by Camacho, this request be approved. Discussion. Carried by unanimous vote. 6/9/81 127 The APPLICATION for PREMISES TRANSFER, Typer f i'' "F" 40 ON -SALE LIQUOR LICENSE of Catherine L. and Donald F. Hicks, dba The Corral, attempting to transfer license from 21 W. 8th St. to 841 National City Blvd. (Building Dept. states no grounds for objection; Planning Dept. recommended protest [...Use of these premises for the sale of alcoholic beverages is classified as lawful nonconforming; it is staff under- standing that the use of these premises terminated around the end of January of this year; if use of the premises is not re-established within twelve calendar months, further use of the premises must be in accordance with all applicable provisions of the National City Land Use Code for the zone; previous liquor licenses on these premises were "conditional}" On -sale General, Bona -Fide Public Eating Place, issued by A.B.C. subject to the following five conditions: 1. The total annual sales of alcoholic beverages be incidental to the total annual sales of food products; 2. No live entertainment is to be maintained or permitted to be performed in or upon the premises; 3. No dancing is permitted in or upon the premises; 4. Only one pool table is to be installed or maintained in or upon the premises; 5. Alcoholic beverages shall not be sold for consumption off the premises; this site is located within an area still declared a saturated area by the National City Police Department and issuance of an unconditional license in this area would create a policing problem]; Police Dept. objects on grounds this area has already been designated as a "saturated area"; elimination of this liquor license will reduce the over -concentration of licenses within this area) was presented. Catherine Hicks, 2424 Norfolk St., was present and said the City purchased her building and to stay in business, she wanted to move her bar across the street and transfer the liquor license; she plans to make all necessary improvements at the new location; she is too old to get a job. Police Chief Terry Hart was present and explained the Police Dept. is protesting this application because the area is already saturated and there are law enforcement problems on weekends. Discussion. Moved by Dalia, seconded by Van Deventer, to protest this implication because it would tend to create law enforcement problems and applicant has failed to show convenience and necessity public the following vote, to -wit: Ayes:d Camacho, on gDalla,eVan Deventer,ms. , by Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS TRAFFIC SAFETY COMMITTEE Recommendations from Traffic Safety Committee meeting of May 13, 1981 requiring Council action (1. change two of the signs North -bound and South -bound nearest St. Mary's School at 12th and "D", from 30 MPH to 25 MPH when children are present; 2. install a stop sign on 20th St. at Palm Ave.; 3. install 5' of red curb on one side only of Mr. B. M. Poncey's driveway at 2027 Highland Ave.) was presented. Moved by Van Deventer, seconded by Camacho, these recommendations be approved. Carried by unanimous vote. CITY MANAGER CITY ATTORNEY OTHER STAFF - - No report. - No report. No report. MAYOR - No report. CITY COUNCIL - No report. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 4:00 p.m., June 16, 1981. Carried by unanimous vote. The meeting closed at 9:10 p.m. 128 The foregoing minutes were approved by the City Council at their regular meeting of June 16, 1981. Corrections No Corrections YOR CITY OF NATIONAL CITY, CALIFORNIA /6zi z7r 'ZJ 6/9/81 fa�-u.tom " EWEizAL 4