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HomeMy WebLinkAbout1981 09-08 CC MIN177 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 8, 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, DaLia, 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. Mayne Roland, First Congregational Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of September 1, 1981 be approved. Carried by unanimous vote. PROCLAMATION The Mayor's proposed Proclamation of "SOUTHERN CALIFORNIA WATER WATCH - September 13-20, 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 proposed AMENDMENT to SUBDIVISION ORDINANCE NO. 803 concerning mergers and Certificates of Compliance (On April 4, 1978, Council adopted an urgency Ordinance amending the City's Subdivision Ordinance No. 803 to provide for the merger of substandard parcels of land as specified by the Subdivision Map Act; this proposed Ordinance is a follow-up to the above action giving that Ordinance permanent status and providing a procedure for processing "Certificates of Compliance" pursuant to Government Code Section 66499.35; this was approved by the Planning Commission on August 10, 1981; this proposed Ordinance implements Section 66424.2 of the Map Act; whenever contiguous parcels of land are held by the same owner, any one of which does not conform to minimum lot area, width and/or frontage requirements of the Land Use Code and where at least one such parcel is not developed with a building, such parcels shall be merged; the Planning Commission shall be the agency responsible for determining whether real property complies with the Government Code and local Ordinances for Certificates of Compliance; Planning Commission and staff recommend approval of this Ordinance change) was held at this time. The City Clerk reported the Certificate of Publication was on file. Planning Director Gerschler said Planning Commission and staff recommend approval. No one was present to speak.in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed, Planning Commission recommendation be approved, and all stipulations of staff be adhered to. Carried by unanimous vote. The PUBLIC HEARING on proposed AMENDMENT to the NATIONAL CITY GENERAL PLAN (GP-1-81) to consider three amendments to the General Plan (This is the first General Plan amendment case scheduled for 1981; the Planning Commission took the following action: a. Approved a change from Commercial to Residential, 16-20 dwelling units per acre, the property located at 999 Division St. - Happy Hollow Trailer Park [Assessor's Parcel No. 550•-570-09], and approved a change from Commercial to Residential, 16-20 dwelling units per acre, the property located at 2621 Sweetwater Rd. - Bonita Vista Mobile Home Park [Assessor's Parcel 9/8/81 178 No. 564-261-40-42]; b. Approved a change from Residential, 6-10 dwelling units/acre to Neighborhood Commercial., the property located on the West side of Palm Ave. between 4th and 5th Streets (Assessor's Parcel No. 557-021-11,12]; c. Approved a change from Government/Park to Government/ Fire Station, the property located at the NE corner of 24th St. and Euclid Ave. [Assessor's Parcel No. 558-281-22]; Planning Commission and staff recommend approval) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler said Planning Commission and staff recommend approval. THERESA ROBERTS, Manager, Happy Hollow Trailer Park, was present representing ten people in the audience, and said they are in favor of this. No one else was present to speak in this reo -d, Moved by Camacho, seconded by Van Deventer, n Public Hearin h closed Planning COi:'?rn � c c o>•:•'-- ..d,a,�-i..-..! 9 ion rocommendation be aus2yed and staff recommendations ions be adhered to. Carried Lev unanimous vote, The PUBLIC HEARING on APPEAL of PLANNING COMMISSION'S FINDING OF VIOLATION, Lobster Baron (Inspections on July 24, 1981 by Planning Dept. staff and a National City Police Officer, of the property immediately West of 1300 E. Plaza Blvd., revealed the presence of the Appellant, Gregory Cantin, conducting a seafood vending operation from the back of a van; temporary signs advertising the Lobster Baron business had been placed along the 1100 to 1300 blocks of Plaza Blvd., leaning against telephone poles and milk crates; some signs were placed on unimproved property, or in the public right-of-way; on July 24, 1981, the Appellant was served a Notice of Probable Violation of Sections 19.92.010 and 18.62.190 (B), (C), (H) and (I) of the Land Use Code for the outdoor display or sale of merchandise, and for the placement of illegal signs; an appeal was filed on July 30, 1981; on August 19, 1981 the Planning Commission affirmed the matter in favor of staff's recommendation that Code violations be found; Planning Commission and staff has found these activities to be in violation of the Municipal Code) was held at this time. Planning Director Gerschler reported the Planning Commission and staff concur in finding that this use, as described, violates the Land Use Code, RICHARD LESLIE, Attorney representing Greg Cantin (Lobster Baron), 2605 Camino Del Rio So,, San Diego, was present and said he believed the crux of the issue is, "Can Greg Cantin do business in National City?" Mr. Leslie further stated the Code Section which the Planning Commission has relied upon (18.92.010) refers to fixed location businesses; Mr. Cantin is licensed under Title 6 of the Municipal Code (Section 6.04,200) which provides that any person not having a fixed place of business within the City and who provides any service by the use of vehicles in the City shall pay a license tax of $75 annually; that is the license Mr. Cantin applied for and was issued to him; this is the same section that ice cream trucks are licensed under. Mr. Leslie asked, "Does it make a difference because Mr. Cantin sells lobster tails instead of ice cream? If Mr. Cantin moved from place to place instead of staying in one location, would he be allowed to operate in National City?" Mr, Leslie continued, Mr. Cantin received a letter from the City Treasurer on July 24th saying his license was being revoked because he had misrepresented himself when he obtained the license; however, on July 1, 1981, he had been acquitted in court on the grounds that he was operating within the scope of his license; he feels Mr. Cantin has been unfairly harrassed by the NCPD and the City Field Inspector. Discussion. Mr. Leslie further stated he had instructed his client not to put his signs on the public right-of-way, or on public sidewalks, but to put them on his truck or immediately around his truck. In answer to the question, "Does your client have a letter from the owner of the property granting him permission to use that property?", Mr. Leslie said he is informed by his client that he has permission from the owner; he does not know whether it is written or oral. In response to the question, "Does your client pay any kind of sales tax on the products he sells?", Mr. Leslie replied that he did not know. Councilman Van Deventer said he feels this kind of operation is a hinderance to the business people in the City of National City; Mr. Cantin seems to have no feelings for 9/8/81 179 the traffic problems he creates in the City; this business is not a legitimate business and it creates unfair competition. Councilman Camacho stated the County has certain health and sanitation laws, such as running water and restrooms that all other businesses in the City must comply with; Mr. Cantin does not have these facilities on his truck. No one else was present to speak in this regard. Moved by Dalla, seconded by Camacho, the Public Hearing be closed and the Planning Commission's recommendation be upheld. Further discussion. City Attorney McLean said the Ordinance is clear in regulating the operating of a vending vehicle on a public street, but it is not possible to reasonably interpret that Ordinance to allow the operation of a vending truck on private property; there really doesn't seem to be any direct comparison between the two; the Code makes it clear that you can't have any kind of a sign advertising an illegal business; if the Planning Commission and staff are correct in saying the business is illegal, there is no place for the signs; sometimes a City law seems very clear to us, but arguments have been raised that will cause him to re -read the City Ordinances to see if there are areas that need elaboration; basically, he is content that the Ordinance seems pretty clear. Councilman Dalla said this is not the first time something like this has come up; we are not singling out any one business because of what they are selling; Council might be personally sympathetic, but the Ordinances made the activity inconsistent; he feels we are acting in a consistent manner at this time. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,619, "RESOLUTION EXTENDING FUND LIM AND TIME SPAN ON CONTRACT FOR CITY INSPECTION ON PLAZA BONITA/l MENT WORK." Moved by Waters, seconded by Van Deventer, Resolution No. 13,619 be adopted, Discussion. Carried by unanimous vote. Resolution No. 13,620, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed for Fig Court - Gregorio)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,620 be adopted. Carried by unanimous vote. Resolution No. 13,621, "RESOLUTION DEDICATING CITY OWNED PROPERTY FOR STREET PURPOSES (Portion of Fig Court)." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,621 be adopted. Carried by unanimous vote. Resolution No, 13,622, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed for portions of 24th Street, Leonard Street and Van Ness Avenue)." Moved by Dalla, seconded by Camacho, Resolution No. 13,622 be adopted. Carried by unanimous vote. Resolution No. 13,623, "RESOLUTION DEDICATING CITY OWNED PROPERTY FOR STREET PURPOSES (Portion of 24th Street, Leonard Street and Van Ness Avenue)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,623 be adopted. Carried by unanimous vote. Resolution No. 13,624, "RESOLUTION APPROVING AND ADOPTING A FINAL BUDGET FOR FISCAL YEAR 1981-82." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,624 be adopted. Carried by unanimous vote. Resolution No. 13,625, "RESOLUTION GIVING NOTICE OF FILING ASSESSMENT AND OF HEARING (19th Street, Granger Avenue to Rachel Avenue, Assessment District No. 190)." Moved by Waters, seconded by Camacho, Resolution No. 13,625 be adopted. Carried by unanimous vote. The REPORT on PETITION FOR IMPROVEMENTS, 1911 ACT improvement of Lanoitan Avenue from 13th Street to 16th Street (the subject petition is for grading, paving, curbs and sidewalks on the westerly side of Lanoitan Ave. 9/8/81 180 from 13th St. to 16th St.; the easterly side of Lanoitan is paved with curbing and no sidewalk; the petition, received on August 5, 1981 is signed by owners of more than 60% of the area to be benefitted; staff recommends the report be accepted and the staff be directed to proceed with the project) was presented. Moved by Camacho, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. Resolution No. 13,626, "RESOLUTION ORDERING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Lanoitan Avenue, westerly 1/2, from 13th Street to 16th Street, Assessment District No 217)by ." Deventer, seconded by Camacho, Resolution No. 13 626�be adoed ed. Carried by unanimous vote. Resolution No. 13,627, "RESOLUTION ORDERING PLANS AND SPECIFICATION (Lanoitan Avenue, 13th Street to 16th Street, westerly 1/2, District No. 217)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13 627 be adopted. Carried by unanimous vote. ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the Ordinances be presented title only. Carried by unanimous vote, Ordinance No. 1756 (8/18/81_4), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (rezone those specific properties located on the South side of 17th Street, addressed 1902 through 1938 inclusive, from Residential Multiple -Family, density 15, to Residential Multiple -Family, density 30 - ZC-4-8O)." acho, seconed Van Deventer, Ordinance No. 1756 8/18/81-g)vbe adoped by ted. Discussion.by Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Ordinance No. 1757 (9/1/g1_1), "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY LAND USE CODE TO ALLOW THE BUYING OF SECOND HAND PRECIOUS METALS AND GEMS." Moved by Waters, seconded by Dalla, Ordinance No, 1757 9/1/81-,) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 8a, dated September 8, 1981, in the amount of $188,907,43 (Warrants Nos. 73449 through 73498) was presented. Moved by Camacho, seconded by Dalla, the bills be aid and warrants drawn, Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters, Morgan, Nays: None, Report on petitioned improvements, Lanoitan Avenue from 13th Street to 16th Street, a 1911 Act project (see Para, 10, Page 179), The PROPOSAL for special TRANSPORTATION services for ELDERLY and HANDICAPPED PERSONS (Council has, in the past, supported and contributed to the local operation of elderly and handicapped that service is presently non operative; theFtransportation Y1981 82 budget includes $15,000 to be applied to resumption of this service; the Girls' Club presently has a 16(b)2 vehicle equipped for this type of service [purchased in 1979 with a $3,000 loan from the City and $1,0in transportation money; staff has identified three alternativespwhichtate warrant consideration: 1. The Contractor supplying Chula Vista's "Handitrans" program would operate our E & H program @ 40 hours per week for $29,363.00 per year plus fuel - total estimated cost $34,913,00; 2. National City Transit has estimated a yearly cost of $22,790.00 plus overhead - total estimated cost approximately $30,000.d0; 3. The American Red Cross is now providing this type of service under contract with the City of San Diego and with the County; they have submitted a proposal of $18,762.00 net cost after fare collections for 50 hours per week for the remaining 9 months of this fiscal year, or $18,190.00 for 9/8/81 181 40 hours per week for the same period; the figures for full year service would be $24,953.00 and $24,192,00 respectively; there is reasonable assurance that Caltrans "4.5 funding" [special elderly and handicapped transportation funds] will be available to offset any additional City financial support beyond what is budgeted; there would be no commitment by the City to subsidize the program with local funds; staff recommends the City Manager be authorized to prepare an agreement with the American Red Cross and to make needed arrangements with the Girls' Club) was presented. Councilman Van Deventer said he feels this is a fine system that can do a lot for the City and introduced the Director of this program, DODIE ROTHERHAM, Red Cross, who was present in the audience. Ms. Rotherham said the Red Cross has operated their program in the County with the lowest cost of any of the Dial -a -Ride services; they can provide transportation from National City to San Diego and into the East County as fax as Alpine. Discussion. Mayor Morgan said perhaps this new service would allow the City to trim some of the bus routes, which at times have nearly empty buses running through the City. BILL SWINDELL, Red Cross, was present and said they are very proud of this program and described their volunteer program, which enables them to keep costs down. Moved by Waters, seconded by Camacho, this be approved subject to the Girls' Club being relieved of their financial responsibility to the City. Carried by unanimous vote. The CLAIMS for DAMAGES of LAWRENCE WAYNE NEWTON, JOSE LATALLADI, YOLANDA FRANCINE NEWTON, HOLLISTER MATTHEWS, and WARDELL "COOKIE" MATTHEWS", arising from an incident on June 30, 1981 and filed with the City Clerk on August 26, 1981 were presented. Moved by Camacho, seconded by Waters, these claims be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS TRAFFIC SAFETY COMMITTEE The Traffic Safety Committee's recommendations from their meeting of August 12, 1981, and requiring Council action (Install a loading zone for patients of Bio-Medical Dialysis Unit of South Bay in front of their business at 303 W. 26th St., and install a diamond CURVE sign on Euclid Ave., North of Division for Southbound traffic; staff recommends approval) were presented. Moved by Waters, seconded by Camacho, in favor of the Traffic Safety Committee's recommendations. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL - No report. ADJOURNMENT Moved by Camacho, seconded by Van Deventer, the meeting be adjourned to 4:00 p.m., September 15, 1981. Carried by unanimous vote. The meeting closed at 8:10 p.m. (:1-27 CITY CL K 182 The foregoing minutes were approved by the City Council at their regular meeting of September 15, 1981. Corrections ✓ No Corrections YOR CITY OF NATIONAL CITY, CALIFORNIA 9/8/81