Loading...
HomeMy WebLinkAbout1981 08-04 CC MIN155 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 4, 1981 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, Mor. n. 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 Father Peter Borda, St. Mary's Church, APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of July 28, 1981 be approved. Carried by unanimous vote. PROCLAMATIONS The Mayor's proposed Proclamation of "NATIONAL CLOWN WEEK - August 1-7, 1981" was read. Moved by Van Deventer, seconded by Camacho, the Proclamation be approved. Carried by unanimous vote. The Mayor's proposed Proclamation of "MUNICIPAL TREASURER'S WEEK - August 9-15, 1981" was read. Moved by Waters, seconded by Dalla, the Proclamation be approved. Carried by unanimous vote„ Mayor Morgan commended City Treasurer Kerr on the fine job she has done. PUBLIC ORAL COMMUNICATIONS None ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,602, "RESOLUTION APPROVING THE ISSUANCE OF A CERTAIN OBLIGATION BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,602 be adopted. Carried by unanimous vote. Resolution No. 13,603, "RESOLUTION APPROVING THE BLOCK GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN -SPACE AND RECREATION P.R0GRAM." Moved by Camacho, seconded by Van Deventer, Resolution No. 13 603 be adopted. Carried by unanimous vote. Resolution No. 13,604, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE TEN FOOT 1iIDE PORTION OF "C" AVENUE LOCATED ADJACENT TO LOTS 11, 12, 13 AND 14 OF BLOCK 3 MAP 166." Moved by Van Deventer, seconded by Camacho, Resolution No. 13> 604 be adopted. Carried by unanimous vote. Resolution No. 13,605, "RESOLUTION APPROVING ISSUANCE OF A DRIVEWAY PUBLIC IMPROVEMENT PERMIT (2035 E. 8th St.)." Moved by Waters, seconded by Camacho, Resolution No. 13,605 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION - FIRST READING Moved by Camacho, seconded by Waters, this Ordinance be presented by title only. Carried by unanimous vote, Ordinance No. 8/4/81-1, "Ordinance consenting to assignment of existing lease with American Forest Products Corporation to Cole Industries, Inc." 8/4/81 156 ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Waters, the Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1749 (7/14/81-1), "ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE LIMITING THE NUMBER OF GAMES OF SKILL OR AMUSEMENT THAT MAY BE PLACED IN A BUSINESS AS AN INCIDENTAL USE." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1749 (7/14/81-1) be adopted. Carried by unanimous vote. Ordinance No. 7/28/81-1, "Ordinance amending 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," was listed on the agenda but not presented. It will be presented for second reading and adoption at the meeting of August 18, 1981, after publication of summary. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 4, dated August 4, 1981, in the amount of $262,941.25 (Warrants Nos. 73068 through 73149) 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 APPLICATION for PERSON TRANSFER of ON -SALE BEER AND WINE LICENSE, Type 41, of Fuad P. and George P. Deddeh, dba Pickle Barrel Deli & Restaurant, 340 W. 26th St., Suite E (Police, Planning and Building Departments state no objections) was presented. Moved by Van Deventer, seconded by Camacho, this application be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The request from MAAC Project to serve alcoholic beverages in the Kimball Community Bldg. and for waiver of fees (they are holding a Softball Awards Dance on September 19, 1981 from 8:00 p.m. to 1:00 a.m., approximately 150 adults are expected to attend; City Rental Policy requires: applicant shall obtain a use permit from the Department of Alcoholic Beverage Control, copy to be filed with Public Works prior to the event; security arrangements shall be approved by Chief of Police; a 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 shall be submitted; Staff recommends approval subject to these requirements, but waiver of fees be denied) was presented. BILL RIVERA, owner of South Bay Athletics, 2435 Plaza Blvd., was present and said he is a board member of MAAC and inquired if Council would consider waiving the fees. Moved by Van Deventer, seconded by Dalla, in favor of staff recommendation. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Nays: None. Abstaining: Morgan. The request of AMERICAN AUTO SALES to occupy a commercial mobile unit for temporary office facilities (...the use of a commercial mobile unit for the sale of used cars at 1741 National City Blvd. from August 15, 1981 to August 15, 1982; American Auto Sales intends to utilize the existing mobile unit previously leased by Brown Motors, for whom a Temporary Use Permit was granted May 20, 1980; this request has been approved by Planning, Finance, Police, Building and Fire Departments, subject to the following conditions upon occupancy: fire extinguishers shall be provided; Building Permit for trailer required; mobile unit shall comply with all City and State minimum requirements, including access for the physically handicapped) was presented. Moved by Dalla, this request be denied. Died for lack of second. Discussion re Brown Motors having subleased the property to American Auto and taking their portable trailer 8/4/81 157 elsewhere, American Auto Sales brought in a larger trailer with restroom facilities. Moved by Van Deventer, seconded by Waters, this request be approved. Further discussion re Brown Motors' trailer being approved because they had gone through Planning and Building to get permits for a permanent structure; they spent a lot of money and it turned out there were problems with the flood zoning; the City extended them the courtesy of allowing them to put the trailer there for a year; this is a totally different operator, a new trailer; other automobile dealerships have been required to put up permanent structures, landscaping, etc.; if the City starts giving in to temporary trailers, it would affect the Image of the Mile of Cars and the quality of dealerships built up over the years. Planning Director Gerschler reported in the past two days, American Auto Sales has rejuvenated all of the landscaping. City Engineer Grahl said he knows of no plans for taking care of the flooding problem at 18th and National City Blvd. at this time. Further discussion. JERRY SETTNER, owner of American Auto Sales, 1741 National City Blvd., was present and said he is just starting out in the business; if the business is successful, he would like to erect a permanent structure. Councilman Dalla said there is a used car dealer in that area who built a permanent structure with a wheel chair ramp going all the way around the building; they paid the money to build this structure; now we have another business in the same situation requesting a temporary trailer. Mr. Settner asked what determines a permanent structure; he has added a porch and a permanent front to the trailer, as well as an awning; it is not going to sit there on wheels. Carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla. Abstaining: Van Deventer. Vice Mayor Van Deventer said his reason for abstaining is a financial arrangement he has with the owner of the property. Mr. Van Deventer further stated that building in a flood zone is an expensive venture; in the near future, there may be a way of building in the flood zone that will solve some of the problems of the past; we will never completely overcome the problems; in order to get construction loans and insurance, property owners will probably have to build up and out. Planning Director Gerschler said the best we can do is elevate the buildings. The CLAIM for DAMAGES of JOYCE JANET PAWSON, relating to an accident on June 28, 1981, and filed with the City Clerk on July 29, 1981, was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Resolution No. 15-81, Denying Conditional Use Permit at 841 National City Blvd. - CUP 1981-7 (This case involves the proposed use of premises located at the Northeast corner of 9th and National City Blvd,, for a beer bar with food service, three pool tables, two pinball machines and a juke box; Planning Commission denied this request for the reason that evidence and testimony presented failed to support a finding that the proposed use will not have an adverse effect on adjacent or abutting properties, and the proposed use is deemed essential and desirable to the public convenience and welfare; Staff concurs with Planning Commission's denial) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff recommendation. Carried by unanimous vote. Resolution No. 16-81, Approving Planned Development Permit to allow a two-story duplex on property located at 1710 E. 4th St., Case File No. PD-4-81 (This case involves the proposed addition of one two-story frame and stucco duplex on property having one existing 3-bedroom, single -story, single-family dwelling, at the SE corner of 4th and "Q" Ave.; Planning Commission recommends approval subject to the following: 1. Development shall be in accordance with plans reviewed by Planning Commission, revised June 8, 1981, unless otherwise stated; 2. A detailed landscape/irrigation plan shall be submitted to and approved by the Planning Dept. prior to issuance of a Building Permit; 3. Plans 8/4/81 158 submitted for issuance of a Building Permit shall be subject to "site plan review"; 4. Interim school facility fees of $150 per bedroom per dwelling unit of the proposed duplex shall be paid at the time Building Permit is issued; 5. All mechanical equipment, including electrical and gas meters, shall be architecturally screened from view and electrical transformers shall be either undergrounded or architecturally screened; 6. Prior to issuance of a Building Permit, applicant shall file with the Planning Dept., a written statement acknowledging and accepting all conditions imposed upon the approval of this permit; 7. Exterior treatment of structure shall be in accordance with rendering viewed by the Planning Commission at their meeting of July 13, 1981; Staff concurs with Planning Commission's approval of this application) was presented. Discussion. Moved by Dallas seconded by Waters, this (be appealed and) be set up for a Public Hearing. Carried by unanimous vote. (Hearing to be held August 25, 1981) CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Morgan said even though he voted for the budget, he is not completely sold on the new $120,000 computer and needed to take a look at it. City Manager McCabe said staff would come back to Council with a computer study. Mayor Morgan inquired if it is legal for large trash containers to be placed on the sidewalks in residential areas; he doesn't want to discourage residents from cleaning up their trash. CURTIS WILLIAMS, Director of Public Works was present and said he talked to the trash company and was advised it was a matter of liability; their containers do not have reflectors; they recommend containers be put on private property or in an alley. Discussion. Mr. Williams said he would check into this and report back to Council. Mayor Morgan inquired when the two 1911 Act alley projects would start. City Engineer Grahl said he had been working with the attorney and believed they would be ready soon. Mayor Morgan spoke about loud noises from the speaker at the Jack -in -the - Box, which could be heard 100-150' away and kept people awake. City Attorney McLean said we have a Noise Ordinance that could be enforced, but he did not know if the owner could be held liable for the customers' car radios. City Manager McCabe said he would check into this. CITY COUNCIL Councilman Waters said Clayton Moore, the Lone Ranger, has been having some difficulty about having the right to wear his mask; other cities have come to his aid. Moved by Waters, seconded by Van Deventer, Council adopt a resolution to be sent to the Jack Wrather Corp. on his behalf. Carried by unanimous vote. Vice Mayor Van Deventer spoke of the problems of trash at multiple - family units and businesses; many trash enclosures do not have gates or lids and the City is going to have to act to get the owners to enclose their trash containers. Planning Director Gerschler reported a program is being prepared to take care of this problem and will be submitted to Council soon. Councilman Dalla spoke of the tumbleweeds growing on Edgemere, off Sweetwater Rd. on the Chula Vista side; he also commented on the weeds growing in the area of South Bay Plaza. 8/4/81 159 Councilman Waters spoke of the lobster man who sets up every Saturday with three blocks of signs and asked what was being done. ART MONTANDON, Assistant City Attorney, was present and said the "Lobster Baron" was cited but displayed a business license (which was obtained fraudently) in court; he was not convicted; the Police Dept. has been instructed to cite him again. Planning Director Gerschler reported that a week ago Saturday, the "Lobster Baron" was given notice that he was operating illegally; he has been formally served by a police officer; the law allows him five days to appeal; he appealed and the appeal will be heard by the Planning Commission next Monday night, Councilman Dalia said when the mobile sign advertising a real estate development outside the City was parked at Plaza and Euclid, we impounded it and asked if the same could be done with the lobster signs. City Attorney McLean said we can; probably Public Works would. be called in on the weekend to do this, which will involve overtime. BERNARD TRAGER, 516 E. 24th St., was present and spoke re the trash problem in his neighborhood; he talked to Asst. City Manager Ballard and Planning Director Gerschler, who turned the problem over to the Fire Marshal and the County Health Dept.; the problem has been alleviated. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 7:00 p.m., August 11, 1981. Carried by unanimous vote. The meeting closed at 4:47 p.m. e The foregoing minutes were approved by the City Council at their regular meeting of August 11, 1981. Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 8/4/81