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Home My WebLink About1981 07-07 CC MIN139 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 7, 1981 The regular meeting of the City Council of the City of National City was called to order at 4:03 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Della, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, Grahl, McCabe, McLean. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the re ular m et- 412 of June 23, 1981 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The Mayoras proposed Proclamation of "SAN DIEGO TROLLEY DAY, July 20, 1981," was read. Moved by Van Deventer, seconded by Camacho, the Proclamation be approved. Carried by unanimous vote. PU3LIC ORAL COMMUNICATIONS Jewel Dixon, Realtor and Broker, 3662 Bonita View Dr., was present and referred to his letter of July 2, 1981, to Council, regarding the property at 1407 Fig Court. Mr. Dixon said they are unable to sell the property or get title insurance because of the sewer and drainage easements running under the house; he was told by Engineering if he could the easements and would accept a blanket easement, he would beims ableito gon et title insurance and sell the property; the property is in escrow and is funded by County bond money; it is also in foreclosure and time is limited. City Engineer Grahl said he has not had a chance to thoroughly research the problem; he has no objection in concept to quitclaiming the existing ease-, ments and covering them with a blanket easement; he could gather adequate information in a week or two to come before Council to insure the transfer has taken place but would defer to the City Attorney to insure protection of the Cityis interests. Moved by .Morgan, seconded by Camacho, the City Engineer's recommendation be approved. A'byor Morgan requested the report next week. City Attorney McLean said because of the existing encroachment removal agreement on this property, no one will lend money on it; the question is will Council waive the existing easement and accept a blanket easement, so that in the future, if it is necessary to replace the sewer or drain lines, the City can replace them somewhere else on the lot, other than underneath the house; the net effect of that is to shift the burden of repairing or replacing the sewer and drain lines from the present builder/developer to the taxpayer of the City; that is a policy question for Council. Discussion. 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. 13,589, "RESOLUTION APPROVING AND ADOPTING THE SAN DIEGO COUNTY MUTUAL AID AGREEMENT FOR FIRE DEPARTMENTS." enter, seconded by Camacho, Resolution No. 13,589 be adopted. VeCarr edd by nby unanimous vote. ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the Ordinances be presented for adoption by title only. Carried by unanimous vote. Ordinance No. 1745 (00344841-a), "AN ORDINANCE REPEALING ORDINANCE NO. 1438 ADOPTED SEPTEt1BER 10, 1974, ENTITLED 'AN ORDINANCE OF THE CITY COUNCIL OF 7/7/81 140 THE CITY OF NATIONAL CITY APPROVING THE REDEVELOPLENT PLAN AND T-E FEASIBIL.•- ITY OF RELOCATION FOR THE BONITA CENTER REDEVELOPMENT PROJECT.':" Moved by Waters, seconded by Camacho, Ordinance No. 1745 (6/k2/3I,-]) be adopted. Carried by unanimous vote. Ordinance No. 1746 AND MEMBERS OF THE Camacho, Ordinance vote. (6,422/8�r..2), "AN ORDINANCE FIXING SALARIES FOR THE MAYOR CITY COUNCIL." Moved by Van Deventer, seconded by ce No. 1746 (6/22,44..2) be adopted. Carried by unanimous NEW BUSINESS The Auditor's FINANCIAL REPORT of the TRANSPORTATION DEVELOPMENT ACT, per- taining to the City of National City for the two consecutive fiscal years ended June 30, 1980, was presented. Moved by Van Deventer, seconded by Dalia, this report be approved. Carried by unanimous vote. The APPLICATION for OFF -SALE BEER AND WINE, Type 20 license of JErI1AL M. KASIM, dba JMK Produce, 421 N. Highland Ave. (Police Dept. recommends protest based on the following: 1. This location is a single family, private residence; applicant's business operates out of the converted garage and has expkAded his produce stand into the front yard area; Planning Commission ruled such use is in violation of NCMC 18.92.010 and Mr. Kasim was notified of this by letter dated July 15, 1980; applicant has failed to comply with municipal codes; 2. Applicant's intended place of business is within 20' of another residence, violating ABC Administrative Rule 61.4(a); 3. Mr. Kasim stated he has operated this business since December, 1976; therefore, applicant operated for two years without a business license [his first National City license was issued October 12, 1978]; 4. On May 21, 1981, Mr. Kasim pleaded guilty to charges of assault with a deadly weapon [a felony] and 12022.5 PC [use of a firearm in the commission of a felon y]; Planninrecom- mends protest based on the following: said premises have beenDtheept�subject- of zoning enforcement proceedings since July,1979; contrary to City Land Use regulations [u' tclosehe fl cuoros to be 9 [unenclosed outdoor display and sale of merchandise] and request for legal services is being pursued; the area of use is a garage, attached to a non -conforming single family dwelling, and the driveway area, located within the front yard on Highland Ave. is being used to display produce; to allow sale of alcoholic beverages as an incidental use to an already unauthorized use would be contrary to the purpose and intent of Title 18 [Zoning] of the NCMC; Building and Hous- ing Dept. recommends protest on the grounds that premises are now in viola- tion of the Building Code) was presented. Moved by Dalia, seconded by Van Deventer, to protest this license on the grounds outlined in the report from Police, Planning and Building Departments. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The PETITION for 19r1 ACT IMPROVEMENT OF M AVE. between 14th and 16th (street paved, sidewalk, curb and gutter --filed with the City Clerk on June 29, 1981) was presented. Ploved by Dalia, seconded by Van Deventer, this be referred to the City Engineer for study and report. FLORA KNIGHT, 1441 L Ave., was present and said she would like to know more of what will happen. Mayor Morgan advised her it would be referred to the City Engineer who will process it; there will be cost estimates, a public hearing, etc.; it will be several months away and she will be notified of the hearin s�iould meet ith the City Engineer if she has any questions. Carried hearing;sheanimous vo�'e. OTHER BUSINESS TRAFFIC SAFETY COMMITTEE The recommendation of the Traffic Safety Committee from their meeting of June 10, 1981, that Wilson Ave. be designated one-way northbound between 22nd and 23rd Sts. was presented. Mayor Morgan displayed a map of the area and said he was not sure this would work; it might cause a big tie-up at 22nd and Wilson and make it difficult for people north of 23rd to get to I-5; and suggested a second driveway on 23rd St. for the trolley station parking lot. City Engineer Grahl clarified the issue, saying Wilson Ave. 7/7/81 141 would only be one-way between 22nd and 23rd where Wilson narrows. Discus- sion. Moved by Morgan, seconded by Waters, the Traffic Safet Committee recommendation be a roved and this be referred to MTDB for stud on the second drivewa and come back to Council. Carried by unanimous vote. CITY MANAGER -- No report. CITY ATTORNEY -.. No report. OTHER STAFF -- No report. MAYOR Mayor Morgan asked the City Attorney to check the feasibility of an Ordinance placing the responsibility for the cleaning of streets and curbs in front of businesses on the owners, subject to tax lien if the City has to clean. EXECUTIVE SESSION Mayor Morgan called an Executive ve Session onpersonnel matters at 4:24 p.m. Council reconvened at 4:51 p.m. ROLL CALL Council members present: Camacho, Dalia, Van Deventer, Absent: None. Waters, Morgan. ADJOURNMENT Moved by Camacho, seconded by Waters, the meetin be adjourned to 7:00 .m. July 14, 1981. Carried by unanimous vote. The meeting adjourned at 4:52 p.m. CITY CLERM The foregoing minutes were approved by the City Council of the City of National City at their regular meeting of July 14, 1C81. Corrections ,'No corrections