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HomeMy WebLinkAbout1981 09-22 CC MIN187 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 22, 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, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Assistant City Manager Ballard followed with invocation by the Rev. Wayne Roland, First Congregational Church. APPROVAL OF MINUTES Moved by Camacho, seconded bpi Van Deventer, the minutes of the regular meeting of September 151 1981 be approved. Carried by unanimous vote. MAYOR'S PRESENTATIONS Mayor Morgan presented 20-year Service Pins to Captain Roland Bowman, Captain Kenneth Lehtola, Engineer Andrew Bekech and Engineer Ronald Williams of the Fire Dept. and commended them on their dedicated service to the City. Captain Bowman accepted Captain Lehtola's pin and addressed Council briefly. PUBLIC ORAL COMMUNICATIONS LAURA GARCIA, 521 W. 21st St. was present (representing the Old Town Citizens Action League) and spoke re the need for stop signs in her neighborhood, saying there have been several accidents in the area of 21st and Wilson recently. Mrs. Garcia submitted petitions signed by persons residing in the area. City Engineer Grahl said he has received the statistics from the Police Dept. and is working on this; he will notify Mrs. Garcia when the Traffic Safety Committee meets next. FRANK MAGDALENO was present (representing his father-in-law, Mr. Blanco, 420 E. 31st St,) and said Mr, Blanco's house has just been completed and he wants to move out of his rental and into the new house at the end of the month. Mr. Magdaleno said the City wants him to put in sidewalks, curbs and gutters prior to granting of occupancy permit; Mr. Blanco is willing to do this work, but requested Council approval to move into his newly completed home on October 1 and sign a covenant he will not protest the street improvements at a later date. Moved by Morgan, seconded by Camacho, this request be approved subject to the City Engineer having no substantial objections. Carried by unanimous vote. PUBLIC HEARINGS The PUBLIC HEARING on VACATION of public right-of-way, ten ft. wide PORTION of 'C' AVENUE, adjacent to 3040 'C' Ave., SC-2-81 (This request involves a ten ft. wide portion of 'CI Ave, right-of-way, located on the West side of the street, extending North from 31st St. 100.4 ft.; a portion of this area is presently fenced and used as yard area for the dwelling at 3040 'C' Ave.; this encroachment is not within the paved travelway; 'C' Ave. exists as an eight ft. wide right-of-way between 30th and 31st Streets; this proposed vacation would not hinder the improvement of this street at the standard residential street width of sixty ft., having a paved travelway width of forty ft.; on July 27, 1981, the Planning Commission made a finding that vacation of this ten ft, wide portion of 'C' Ave. is in conformity with the General Plan and said portion of public right-of-way is not needed for present or contemplated 9/22/81 188 future public purposes; staff recommends approval) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Posting were on file. Planning Director Gerschler reported the Planning Commission and staff recommend approval. No one was present to speak in this regard. Moved by Camacho, seconded by Van Deventer, the Public Hearing be closed, this vacation be approved and all stipulations of staff be adhered to. Discussion. Carried by unanimous vote. The PUBLIC HEARING on the LOCAL COASTAL PROGRAM (The California Coastal Act requires all coastal cities to prepare a Local Coastal Program [LCP]; the Planning Commission approved the Land Use Plan portion of National City's LCP on April 13, 1981; the Implementation and Post Certification Procedures were approved on August 24, 1981; most of the land in the coastal zone is developed with a mix of residences and industry; the LCP proposes no changes to these areas; the only area recommended for zoning change is Paradise Marsh and the adjacent properties; the marsh itself is proposed for OPEN SPACE zoning; the area just West of the marsh is proposed for TOURIST COMMERCIAL; all other zoning within the area will remain the same; 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; there were no written protests; a letter was received from Mr, & Mrs. Olson in favor. Planning Director Gerschler reported the Planning Commission and staff recommend approval; written notices were sent to all owners of property within the coastal area; it was advertised in the local newspaper; copies of the plan have been available in the Library and City Hall. MIKE KENNEDY of George S. Nolte & Associates (consultants who prepared the LCP), 9455 Ridge Haven Ct., San Diego, was present and said after approval of the LCP by the Coastal Commission, the ultimate decision on whether or not the Coastal Plan will be implemented is made by the City; the LCP makes no real changes from the Cityts existing General Plan; the primary area of concern is the Paradise March area and the land immediately surrounding it; the Paradise Marsh area is presently zoned for light manufacturing and open space; the new program deletes the light manufacturing zoning. Mr. Kennedy answered questions posed by members of the City Council, Discussion. Moved by Waters, seconded by Camacho, the Public Hearing be closed, the Local Coastal Plan be approved and all stipulations of staff be adhered to. 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. 13,636, "RESOLUTION SETTING THE TIME AND PLACE FOR PUBLIC HEARINGS ON A PROPOSED SMALL CITIES GRANT APPLICATION TO HUD." DMoved b�n Camacho, seconded by Waters, Resolution No. 13,636 be adopted./ barrze�d by unanimous vote, Resolution No. 13,637, "RESOLUTION SETTING THE TIME AND PLACE OF A JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ON THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY DOWNTOWN REDEVELOPMENT PROJECT." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,637 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,638, "RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT FOR RISK MANAGEMENT AND RELATED INSURANCE COVERAGES." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,638 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Resolution No. 13,639, "RESOLUTION OF AWARD OF CONTRACT (ID' Avenue sewer construction, Specification No, 916, Posey Construction, Inc.)." Moved by Waters, seconded by Camacho, Resolution No. 13,639 be adopted. Carried by unanimous vote. 9/22/81 189 Resolution No. 13,640, "RESOLUTION APPROVING AND ADOPTING THE NATIONAL CITY LOCAL COASTAL PROGRAM PURSUANT TO THE CALIFORNIA COASTAL ACT OF 1976." Moved by Van Deventer, seconded by Waters, Resolution No. 13,640 be adopted. Carried by unanimous vote. Resolution No. 13,641, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN RED CROSS FOR PUBLIC TRANSPORTATION SERVICE." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,641 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,642, "RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT BETWEEN SAN DIEGO CHAPTER OF THE AMERICAN RED CROSS AND THE GIRLS CLUB OF THE CITY OF NATIONAL CITY." Moved by Waters, seconded by Camacho, Resolution No. 13,642 be adopted. Carried by unanimous vote. 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. 9/22/81-1, "An Ordinance amending Ordinance No. 803 to provide for merger of substandard parcels and to designate the Planning Commission as the agency responsible for the processing and the issuance of certificates of compliance." ORDINANCE FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1758 (9/14/81-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (Rezone from Residential Single -Family [RS-21 to Commercial -Limited [CL] the property within the 100/200 block of Palm Avenue, East Side, ZC-1-81)." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1758 (9/15/81-1) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 10, dated September 22, 1981, in the amount of $28,865.75 (Warrants Nos. 73554 through 73607) 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 TRANSFER of ON -SALE BEER AND WINE LICENSE, Type 41, of Ramon G. Galvan, dba Casa Bonita, 3030 Plaza Bonita Rd. (Building Dept. states no objections; Police Dept. recommends this application be protested based upon the following: proper enforcement of the laws regulating the sale and consumption of alcoholic beverages in this area would be difficult; applicant intends to sell alcoholic beverages for consumption in the "food park" area of the Plaza Bonita shopping center; the "Food Park" is a semi -open, central eating area surrounded by a variety of food and drink vendors used simultaneously by adults and minors; in such an arrangement, no single vendor has any direct responsibility to supervise the legal consumption of the alcoholic beverages they sell; applicant has no plans to monitor the sales or consumption of alcoholic beverages beyond their sales counter; this will facilitate consumption of such beverages by people of all ages and make regulation difficult; Planning Dept. recommends this application be protested until issuance of a Conditional Liquor License setting forth the following conditions is assured: 1. Alcoholic beverage sales shall be incidental to food service; 2. There shall be no bar or counter over which the on -sale alcoholic beverages shall be served to the public; 3. All live entertainment and dancing shall be prohibited; 4. There shall be no sale of alcoholic beverages after midnight) was presented. 9/22/81 190 Discussion. Moved by Camacho, seconded by Van Deventer, this application be protested unless conditions of the Planning Department are met (amended motion). Further discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters. Abstaining: Morgan. The City Engineer's request for approval of CHANGE ORDERS 1 & 2 for 22nd Street and Paradise Creek Channel Improvements and Box Culvert Construction (Cost of Change Order No. 1 - $119,000.00; cost of Change Order No. 2 - $19,726.51; funds for this work are available from the original accounts supporting the project; staff recommends approval and the City Engineer be authorized to sign on behalf of the City) was presented. Moved by Van Deventer, seconded by Dalla, this request be approved. Carried by unanimous vote. The request of the KIWANIS CLUB and CHAMBER OF COMMERCE to serve alcoholic beverages in the Kimball Community Building on October 14, 1981, from 12:00 - 2:00 p.m. (the Kimball Bldg. has been reserved for the Annual Salute to Navy Birthday Lunch with approximately 250 adults expected to attend; City policy requires that the following conditions be met when alcoholic beverages are to be served: Applicant shall obtain a use permit from the Dept. of Alcoholic Beverage Control, a copy to be filed with Public Works; security arrangements shall be approved by the Chief of Police; a Certificate of Insurance rpersonal 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 the compliance with the above requirements) was presented. Moved by Waters, seconded by Camacho, this request be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The request of the National City CHAMBER OF COMMERCE to distribute free canned beer to adult runners of the Salute to Navy Week 5-mile run on October 11, 1981 at 11:00 a.m. (Temporary Use Permit was approved for the 5-mile run on July 21, 1981; identification shall be verified at race time, after which tokens will be distributed to those persons of legal drinking age; Building and Safety, Planning, Fire, Police and Park and Recreation Departments recommend approval; staff recommends approval) was presented. Moved by Waters, seconded by Camacho, this request be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The CLAIM for DAMAGES of DAVID JOSEPH JAXON, resulting from an incident on August 30, 1981 and filed with the City Clerk on September 15, 1981 was presented. Moved by Waters, seconded by Camacho, this claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 23-81, approving CONDITIONAL USE PERMIT to allow a GOODYEAR TIRE AND RUBBER COMPANY retail outlet and service center within the 1700 block of Sweetwater Rd., North side, CUP-1981-10 (In January, 1980, the Planning Commission approved a CUP to allow a Goodyear Tire and Rubber Company retail outlet and service center on this site and was ordered filed by Council on February 19, 1980; because this permit was not exercised or extended within one year of its effective date, it became null and void on February 20, 1981; the new application is to re -activate the CUP on this site; the same building layout and arrangement as previously approved is proposed; staff concurs with Planning Commission approval) was presented. Discussion. Moved by Waters, seconded by Dalla, this be appealed and hearing set. (Hearing scheduled for 10/13/81) Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. 9/22/81 191 Planning Commission Resolution No. 23-81, approving PLANNED DEVELOPMENT PERMIT to allow a SHOPPING CENTER within the 1700 block of Sweetwater Rd., North side (In January, 1980, the Planning Commission approved a Planned Development Permit to allow development of a shopping center on this site; this was approved by Council on April 15, 1980; because this permit was not exercised or extended within one year of its effective date, it became null and void on April 15, 1981; the new application is to re -activate the Planned Development Permit for a shopping center on this site; the development now consists of two commercial buildings; one of these buildings will be two stories, having a total floor area of 22,000 sq. ft.; the upper level will be devoted to office space and the lower level to retail sales; the remaining building has 5,250 sq. ft. [and will be devoted to a Goodyear retail tire outlet and service center CUP for this use considered as a separate matter]; the building will be compatible with that of the Sweetwater Town and Country Shopping Center; staff concurs with Planning Commission approval) was presented. Moved by Van Deventer, seconded by Camacho, this be filed. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Planning Commission Resolution No, 24-81, approving CONDITIONAL USE PERMIT to allow an ELECTROPLATING BUSINESS at 1839 Cleveland Ave., CUP-1981-11 (This request involves the proposed use of the building located at the NE corner of 19th St. and Cleveland Ave. for the installation and use of electroplating equipment; the principal use will be to hard -chrome plate shafts and components for the U. S. Navy and private shipyards in the San Diego area; the building was completed the latter part of last year and contains 5,000 sq, ft. of floor area; a full sprinkler system has been installed for fire protection; about 1,750 sq. ft. will be devoted to the electroplating process; staff concurs with Planning Commission approval) was presented. Moved by Van Deventer, seconded by Camacho, this be filed. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Planning Commission Resolution No. 25-81, approving ZONE VARIANCE to allow an ADDITION to a SINGLE-FAMILY DWELLING, 8 ft. from the rear property line at 2537 E. Third St., Z-3-81 (Applicant purchased this property in 1970; subject addition, located 8 ft. from the rear property [line existed at that time; property is zoned Residential, Single -Family RS-2]; zoning regulations require a gear yard setback of 25 ft. for this zone; on August 10, 1981 the Planning Commission made a finding that other properties within the same zone and vicinity have various open, partially enclosed and enclosed patios located within the same area of encroachment and took action to approve this request for the reason that strict application of the zoning regulations would deprive this property of privileges enjoyed by other properties in the vicinity and under identical zoning; staff concurs with Planning Commission Approval) was presented. Moved by Van Deventer, seconded by Camacho, this be filed. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. TRAFFIC SAFETY COMMITTEE The Traffic Safety Committee's recommendations from their meeting of September 9, 1981, (Install stop signs on 5th St. at '8' Ave. for East/West traffic; install red curbs at the intersection of 12th & 'Al; install 8 ft. of red curb on the East side of the alley return at 130 E. 8th St., and 4 ft. of red curb wings on each side of the driveway; staff recommends approval) were presented. Moved by Van Deventer, seconded by Dalla, in favor of the Traffic Safety Committee's recommendations. Discussion. Carried by unanimous vote. 9/22/81 CITY MANAGER CITY ATTORNEY OTHER STAFF - MAYOR - No report. - No report. No report, 192 Mayor Morgan inquired about a "too strict" Ordinance that would prevent a barber shop from moving to a new location just three doors away. Planning Director Gerschler will take this to the next Planning Commission meeting. CITY COUNCIL Vice Mayor Van Deventer reported he gave a copy of SB 215 to Assistant City Manager Ballard and requested he follow up with a report to Council. Councilman Waters announced there will be a tear gas class in the Police Dept. on October 6; the cost will be $15. ADJOURNMENT Moved by Dalla, seconded by Van Deventer, the meeting be adjourned to 4:00 o.m., October 6. 1981. Carried by unanimous vote. The meeting closed at 8:18 p.m. CITY CLLRK The foregoing minutes were approved by the City Council at their regular meeting of October 6, 1981. F✓ Corrections No Corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA 9/22/81