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HomeMy WebLinkAbout1980 04-22 CC MIN143 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 22, 1980 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m, by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, Stracker. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Asst. City Manager Ballard followed with invocation by the Rev. Atwell Stewart, St. Matthews Episcopal Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of March 25/ 1980 and April 1, 1980 and special meeting of April 9, 1980 lwith correction to date - April 9, 1980.. ►y4;.-A.,..}0;S;)) beapproved. Carried by unanimous vote, PUBLIC ORAL COMMUNICATIONS .. None, ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer. these Resolutions be read by title only. Carried by unanimous vote. Resolution No. 13,315, "NATIONAL CITY POLICY REGULATING THE INSTALLATION OF FIRE HYDRANTS ON PRIVATE PROPERTY AND WITHIN THE PUBLIC RIGHT.OF-WAY." Moved by Van Deventer, seconded by Camacho, Resolution No, 13,315 be adopted, Discussion, RICHARD BRIDGES, Fire Chief, was present and said the intent was to clarify those instances when the city budgets money and if they agree to the priorities the Fire Dept., has established in terms of where they should put fire hydrants to improve spacing, in those instances only would a hydrant be put in and the City be obligated to pay for it; this policy differs from present policy in that it is an administrative policy that gives the Fire Dept. guidance from the Council as to who will pay for which fire hydrant; the policy states that if a hydrant were to be put into an area that previously didn't have hydrants, and because of a new development additional hydrants are necessary, those would be the responsibility of the developer. Discussion, Chief Bridges said Council would still have control to determine where a hydrant is necessary; the Council approves the captial improvement program that allocates monies ,to accomplish that, Discussion. Apprehension of the Fire Department's laying down the rules and later saying "we didn't do it", the "Council did it" was expressed, Fire Chief Bridges and Asst. City Manager Ballard said this would not occur. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters, Morgan, Resolution No. 13,316, "RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER AUTHORITY FOR SEWER SERVICES BILLING AND COLLECTION." Moved by Van Deventer, seconded by Dalla, Resolution No. 13016 be adopted. Carried by unanimous vote. Resolution No. 13,317 (See paragraph 2 , page no. 145), Resolution No, 13,318 - (See paragraph 2 , page no. 145). Resolution No. 13,319, "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT AGREEMENT WITH THE STATE OF CALIFORNIA TO ACCEPT AND UTILIZE A GRANT IN THE AMOUNT OF $43,760 FOR THE PREPARATION OF THE NATIONAL CITY LOCAL COASTAL PLAN; AND DIRECTING CITY STAFF TO SEEK PROPOSALS (RFP'S) FROM PRIVATE CONSULTING FIRMS FOR THE COMPLETION OF THIS WORK." Moved by Van Deventer, seconded by Camacho, Resolution No, 13,319 be adopted, Carried by unanimous voter 4/22/80 144 Resolution No. 13,320, "RESOLUTION APPOINTING ENGINEER OF WORK." Moved by Waters, seconded by Van Deventer, Resolution No. 13,320 be adopted. Carried by unanimous vote. PUBLIC HEARINGS The PUBLIC HEARING on CONTINUED APPEAL of Planning Commission's finding regarding lawful nonconforming use status, Samuels, Inc., 740 National City Blvd. - Jewelry Store/"Head Shop" (the hearing was continued from March 4, 1980) was called at this time. City Attorney McLean reported the attorney for the applicant requested a three week continuance for the purpose of preparing a record on appeal and recommended the request be granted. Moved by Camacho, seconded by Waters, in favor of the City Attorney's recommendation. Carried by unanimous vote. The PUBLIC HEARING on CONTINUED APPEAL of Notice of Decision - Resolution No. 6,.80 denying an application for Conditional Use Permit to allow minor auto repair as an incidental and/or accessory use to tire sales and installation on property located at 2315 Highland Avenue, Cup 1979-11, was held at this time. Planning Director Gerschler said the City Council on April 15, 1980, asked Planning Director Gerschler and City Attorney McLean to study means by which this use could be allowed to continue for a period of 18 months after which it would have to stop; a report has been given to Council (outlining limited continuation of. limited auto repair subject to conditions.) Moved by Camacho, seconded by Morgan, this hearing be closed and the report be approved with all the conditions set by the City Attorney and the Planning Director. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Morgan. Nays: Waters. Abstaining: Van Deventer. The PUBLIC HEARING ON APPEAL OF INTENTION TO ABATE AND REMOVE ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE at 2011 "B" Avenue, Case File No. 80-19 (Staff conducted an inspection of the property at the rear of 2011 "B" Avenue [ A 4-unit apartment building] and the inspection revealed the presence of a gray 1936 4-door Plymouth, unlicensed with all the windows broken, Notice of intent to abate and remove said vehicle was directed to the property owner on March 21, 1980. An appeal to this notice was filed by the owner of the vehicle on April 16, 1980) was held at this time. The City Clerk reported Notice of the Hearing was sent by certified mail and a return receipt was received. Planning Director Gerschler stated the vehicle was still there this morning and staff recommends the vehicle be removed. SHARON LYNCH, 2011 "B" Avenue #2, was present and stated her car is registered, licensed and drivable; the problem is that she's going to court right now over her car because it was damaged, she had her vehicle covered up and there are other vehicles there; she has a court order that she can't do anything about her car until it is settled in court; she can't drive it because the windshield is broken. Moved by Waters, seconded by Van Deventer, the public hearing be closed and the inoperative vehicle at 2011 "B" Avenue be given 30 days to be removed, if not staff will take legal matters into their own hands. Carried by unanimous vote. The PUBLIC HEARING on ABATEMENT OF PUBLIC NUISANCE OF VACANT, UNUSED GASOLINE SERVICE STATION AT 3035 E. 8th Street, ZV-79-110 (A notice of violation was directed to the property owner of record on December 27, 1979, advising of conditions that exist which may constitute a public nuisance and violation of the Municipal Code, and directing a period of time not to exceed 60 days to accomplish abatement. On or about February 1, 1980, the broken windows were covered with plywood and masonite.No other action was taken. On April 7, 1980, Notice of Hearing on abatement of nuisance was posted on the premises [affidavit of posting on file] and a copy of said notice was directed to the property owner of record via certified mail.) was held at this time. Planning Director Gerschler stated the Planning Dept. has received from other city depart- ments statements that would indicate that it is an existing and potential public nuisance; the Code requires that when a service station building has been abandoned for a year the City Council may, after a public hearing, order the removal of that building; staff recommends that the City Council consider the evidence presented and make a finding that a public nuisance exists and order the demolition of the abandoned 4/22/80 145 service station buildings. ALEX LORESCO, 3225 Kennelworth Lane, Bonita Ca., owner of the property, was present, and stated they have been trying to clean it up, they are trying to lease it; if Council gives him permission he would like to clean it up, take the tanks out and lease it; the people who are going to lease it want to put in an auto repair shop. Planning Director Gerschler advised him that it was not zoned for that. Discussion. JOHNNY VERZOSA, 139 National City Blvd., co- owner of the property, was present, and urged Council to let them keep the building so they can lease it. Further discussion. Both Mr. Loresco and Mr. Verzosa were advised to meet with the Director of Planning to ascertain permitted uses for the site. Moved by Waters, seconded by Camacho, the hearing be continued to May 27, 1980, and 30 days be given to confer with staff and inform staff what they are going to do with that property, if they do not comply within 30 days, this matter should be handed to the City Attorney to do the necessary legal action to see those tanks removed. Carried by unanimous vote. The HEARING on Resolution of Intention - 1911 Act Assessment District #204, Alley #93 20th Street to 21st Street between "J" Avenue and "K" Avenue was held at this time. Robert Onley, Staff Assistant, was present and displayed a map on the proposed assessment district approved by the City Council on February 19, 1980, saying the dark exterior boundaries are the proposed boundaries of the district as it was approved; the yellow stripe up to the center is the instant improvement area; on the same map there is an assessment number on every parcel; no protests were received. Moved by Camacho, seconded by Van Deventer, the public hearing be closed and all the rules and stipulations by the staff be adhered to. Carried by unanimous vote. Resolution No. 13,317, "RESOLUTION ADOPTING WAGE SCALE (Alley No. 93, 20th Street to 21sst Street between "J" Avenue and "K" Avenue, Assess- ment District No. 204)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,317 be adopted. Carried by unanimous vote. Resolution No. 13,318, "RESOLUTION ORDERING WORK." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,318 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Van Deventer, these Ordinances be read by title only. Carried by unanimous vote. Ordinance No. 4/22/80-1, "An Ordinance of the City of National City, California, adopting the Uniform Building Code, 1979 Edition and Appendix Chapters 32, 35 and 49, thereto, providing penalties for the violation thereof and amending Ordinance No. 1587 and Chapter 15.08 of the Municipal Code of the City of National City." Ordinance No. 4/22/80-2, "An Ordinance of the City of National City, California, adopting the Uniform Plumbing Code, 1979 Edition, establish- ing regulations for the installation, maintenance, and alteration of plumbing systems within the City of National City, and amending Ordinance No. 1590 and Chapter 15.20 of the Municipal Code of the City of National City." Ordinance No. 4/22/80-3, "An Ordinance of the City of National City, California, adopting the Uniform Mechanical Code, 1979 Edition and Appendix A, Chapter 22 of Appendix B, and Appendix C thereof, amending Ordinance No. 1589 and Chapter 15.14 of the Municipal Code of the City of National City." Ordinance No. 4/22/80-4, "An Ordinance of the City of National City, California, adopting Uniform Housing Code, 1979 Edition, providing penal- ties for the violation thereof, and amending Ordinance No. 1588 and Chapter 15.16 of the Municipal Code of the City of National City." Ordinance No. 4/22/80-5, "An Ordinance of the City of National City, California adopting the National Electrical Code, 1978 Edition, as amended, establishing requirements, rules and standards for electrical install- ations and materials; amending Ordinance No. 1512 and Chapter 15.24 of the Municipal Code of the City of National City." 4/22/80 146 Ordinance No. 4/22/80-6, "An Ordinance of the City of National City, California, adopting the Uniform Fire Code 1979 Edition and the Appendix thereto, prescribing regulations governing conditions hazardous to life and property from fire and explosion, and establishing a bureau of fire prevention and providing officers therefore and defining their duties and powers, and repealing Ordinance No. 1591 and all other ordinances and parts of ordinances in conflict therewith." Ordinance No. 4/22/80-7, "An Ordinance amending Ordinance No. 1069 establishing Sewer Service Charges and rescinding Ordinance No. 1369." OLD BUSINESS Type 20, Original, OFF_SALE BEER and WINE LICENSE, authorizing the sale of beer and wine for consumption off the premises where sold by Carolyn J. and Joyce E. Taylor, dba JAYCEE'S PLACE, 1602 East Fourth Street (laid over at the 4/15/80 meeting) was presented. Asst. City Mgr. Ballard stated this was the same location that on December 4, 1979, the City Council protested a type 21 license; this is a type 20, OFF -SALE BEER AND WINE only; it has gone to staff and there are no objections from staff; he heard the application was withdrawn but there is no evidence of this. Moved by Van Deventer, seconded by Waters, to protest this on the grounds that it is a saturated area. Discussion. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Councilman Van Deventer said he would like the protest to include the same objections raised last December. The CONTINUED APPEAL of Planning Commission's decision on Certificate of Compliance, Case CC-4-80. [Applicant - Cathleen Malone] was presented. City Attorney McLean stated Miss Malone indicated that her decision on behalf of her property owner/clients was to pursue the Conditional Use Permit and Planning Director Gerschler and I suggested that this matter be continued to allow time for the Conditional Use Permit to catch up with the application for Certificate of Compliance - 90 days would be plenty of time. Moved by Waters, seconded by Camacho, we continue this appeal for 90 days. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 41, dated April 22, 1980, in the amount of $41,867.86 (Warrants Nos. 68116 through 68182) was presented. Moved by Dalla, seconded by Camacho, these demands be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The CLAIM FOR DAMAGES of RAYMOND Z. JUAREZ filed with the City Clerk on April 16, 1980 was presented. Moved by Van Deventer, seconded by Camacho, this claim be denied and referred to the City Attorny. Carried by unanimous vote. The CLAIM FOR DAMAGES of HARTFORD ACCIDENT AND INDEMNITY COMPANY & TIPTON OLDSMOBILE filed with the City Clerk on April 10, 1980 was presented. Moved by Van Deventer, 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. 11-80 "Approving an application for Planning Development Permit to allow development of one additional detached single-family dwelling on property located at 1643 "J" Avenue (PD-1-80) was presented. Ordered filed by unanimous vote. PLANNING COMMISSION RESOLUTION NO. 12-80 "Approving an application for Conditional Use Permit to allow a cocktail lounge and installation of a bar over which on -sale alcoholic beverages will be served to the public in conjunction with a bona fide public eating place on property located at 1510 "A" Sweetwater Road (CUP 1980-2) was presented. Ordered filed by unanimous vote. 4/22/80 147 PLANNING COMMISSION RESOLUTION NO. 13-80, "Approving an application for Conditional Use Permit to allow an information center for the Buddhist religion on property located at 3142 Plaza Boulevard, Unit "I", non- profit organization (CUP 1980-3) was presented. Ordered filed by unanimous vote. PLANNING COMMISSION RESOLUTION NO. 14-80, "Approving an application for Conditional Use Permit to allow for the instruction of high school students in charm, hair -care, makeup and modeling on property located at 2407 Plaza Boulevard (CUP 1980-4) was presented. Ordered filed by unanimous vote. CITY MANAGER Asst. City Manager Ballard asked permission to advertise for bid the project at 24th Street and I-5. Acting City Engineer Stracker said because the next Council meeting is not until May 6, they need to have authority to advertise this project upon authorization by FHWA; authority from the City Council is needed since this is not a budgeted item. Moved by Morgan, seconded by Dana, we approve the Manager and Engineer's report. Carried by unanimous vote. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL VICE MAYOR WATERS inquired about the gas station at 4th and Highland. Planning Director Gerschler reported Council gave him a period of time to comply and it is almost up; there have been some building wreckers making inquiry so he must be thinking about taking it down. COUNCILMAN CAMACHO suggested the City post signs prohibiting drinking, littering and vandalizing in the parks, especially in the area of the Pony League Field; he would like to see anyone caught doing it be punished. The City Manager's office will look into that. COUNCILMAN CAMACHO suggested letters of commendation be sent to three police officers who are working with Sweetwater High Students and are doing an excellent job: Frank Chenelle is working with the basketball team, Robert Milke with retarded children and Steve Reed for working with the football team. The City Manager will write letters. COUNCILMAN VAN DEVENTER reported that yesterday at CPO there was a motion to support the California Transportation Committee on fully financing Highway 54 over the objections of Oceanside; that item will appear before the State Commission on April 28 and 29th. Mr. Van Deventer said there was a status report on ARJIS and National City needs to forward recommend- ations from the City Manager and the Police Chief as it will be a budget item. Mayor Morgan inquired about financing of Convention and Tourist Bureau. COUNCILMAN DALLA inquired about the status of the law suit against the Dept. of Transportation. City Attorney McLean reported the draft of the pleading is being done and the City Engineer has prepared a new report and so has the Planning Director. COUNCILMAN DALLA said that under Hearing #3 there was mention of some cars and boats in the area. Planning Director Gerschler said there was an enforcement file on that; they would be taking care of that. COUNCILMAN VAN DEVENTER said between 18th, Grove and Prospect where the busses stop, there is an abandoned, wrecked car that has been there for a week; the buses cannot stop there. 4/22/80 148 Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:00 p.m. CITY CLERIC CI OF NATIONAL CITY, CALIFORNIA The foregoing minutes were adopted by the City Council on May 6, 1980. 0 Corrections N/ o corrections MAYO CITY OF NATIONAL CITY, CALIFORNIA 4/22/80