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HomeMy WebLinkAbout1980 05-06 CC MIN149 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 6, 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, McCabe, McLean, Stracker. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by Rev. Dale Barizo, Filipino -American S.D.A. Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of April 22, 1980, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The City Clerk read the Mayor's proposed proclamation, "NATIONAL NURSING HOME WEEK." Moved by Waters, seconded by Van Deventer, in favor of the proclamation. Carried by unanimous vote. Mayor Morgan presented the proclamation to Charles Cheneweth. The City Clerk read the Mayor's proposed proclamation, "NURSES' DAY," May 6, 1980." Moved by Van Deventer, seconded by Camacho, in favor of the proclamation. Carried by unanimous vote. Mayor Morgan presented the proclamation to Lillian Smith, Assoc. Dir. Nursing, Paradise Valley Hospital. MAYOR'S APPOINTMENTS The Mayor's proposed re -appointments to the Park and Recreation Advisory Board, (James R. Heinz & Adolph G. Labiak with terms ending March 31, 1983), Planning Commission (Pat Large & Augie Bareno with terms ending March 31, 1984); Street Tree and Parkway Committee, (Gene Ernster with term ending April 30, 1984); Committee for Housing & Community Development (Barbara Strahan, Daniel Murphy, Cornelia Warren, Christine Culver, Robert W. Daily, Helen Hailing, Andres G. Magaoau, Kathleen Rawley, William Wallace with terms ending April 29, 1982j were presented. Moved by Camacho, seconded by Van Deventer, in favor of the Mayor's recommend- ation. Carried by unanimous vote. PUBLIC ORAL COYIMUNICATIONS ALFREDO FERNANDEZ, 7740 Blackrose St., San Diego, Police Explorer Scout, was present and stated they would like to rent Kimball Community Building for a dance on June 7, 1980. It was noted their request was Item 22 on the Agenda (The National City Police Explorer Post #859 will hold a Fund Raising Dance in the Kimball Community Building on June 7, 1980, Approx- imately 250 persons are expected to attend. Council waive all fees for this occasion. affy eff co recommends thegeequy of waiver of fees be denied and the use of the Hall on June 7, 1980 approved.) Moved by Camacho, seconded by Waters, in favor of staff's recommendation to a rove their re uest. Carried by unanimous vote. Item 27 was presented at this time. Mayor Morgan stated the Real Estate Board presented a home beautification trophy to a homeowner in National City in recognition of updating of home; they would like to keep the trophy in City Hall; they will be choosing a home every year here in National City. MRS. SHIR$LY SAN VICTORES, 305 E Avenue, was present and thanked everybody for her HUD program loan to improve her house; it is appreciated 5/6/80 150 by her family. MS. JACOBI, Public Relations Chairman for the Board of Realtors, was present and stated she is proud of Mrs. San Victores, the mother of five with a husband overseas; she has received a plaque suit- a ble for indoor/outdoor display. Moved by Camacho, seconded by Waters, in favor of putting the trophy in the trophy case to exhibit to all the citizens in the community. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,321, "RESOLUTION APPROVING AN EASEMENT (PARKING AGREE- MENT) FOR BALL OLDSMOBILE EMPLOYEE PARKING LOT AT 2138 "A" AVENUE." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,321 be adopted. Carried by unanimous vote. Resolution No. 13,322, (See paragraph no. 9, page no. 150) Resolution No. 13,323, (See paragraph no. 10, page no. 150) Resolution No. 13,324, "RESOLUTION APPROVING PETITION AND DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (Harbison Avenue - 20th Street to 24th Street)„" Moved by Waters, seconded by Camacho, Resolution No. 13,324 be adopted. Carried by unanimous vote. Resolution No. 13,325, "RESOLUTION AUTHORIZING EXECUTION OF PROGRAM OF LOCAL AGENCY FEDERAL AID URBAN SYSTEM PROJECTS BETWEEN THE CITY OF NATIONAL CITY AND STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (I-5 and 24th Street Improvements)." Moved by Van Deventer, seconded by Waters Resolution No. 13,325 be adopted. Carried by unanimous vote, Resolution No. 13,326, "RESOLUTION REQUESTING BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO WITHOLD APPROVAL OF PROPOSED TAX SALES KNOWN AS PARCEL 562-060-33." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,326 be adopted. Carried by unanimous vote. PUBLIC HEARINGS The HEARING on RESOLUTION OF INTENTION NO. 13,283, Assessment District No. 207, ALLEY #33, 12th Street to Civic Center Drive, between Roosevelt Avenue and Hoover Avenue was held at this time. The City Clerk stated the Certificate of Publication and Affidavits of Mailing and Posting were on file; two written protests were received from Jorge Mavierto, 1215 Hoover Avenue and Yin Ju Lee, 1727 Coolidge Avenue. ROBERT ONLEY, Staff Assistant, was present and displayed a map of District #207 showing the proposed improvements to Alley No. 33, pointing out the lines of the exterior boundary of the district and saying the alley runs from Civic Center Drive to 12th Street between Hoover Avenue and Roosevelt Avenue; the estimated total cost of construction is $17,878.00, City contribution is $1,638.00 with an estimated assessment of $16,240.00; the written protests amount to 12.5%. The City Attorney asked if all the properties were assessed according to benefit. Mr. Onley answered they were. Moved by Waters, seconded by Camacho, the public hearing be closed and the hearing on Resolution of Intention No. 13,283, Assessment District #207, Alley #33, 12th Street to Civic Center Drive, between Roosevelt Avenue and Hoover Avenue be approved and all stipulations of staff be adhered to. JORGE MAVIERTO, 1215 Hoover Avenue, was present and protested saying "he can live without it." Carried by unanimous vote. Resolution No. 13,322, "RESOLUTION ORDERING WORK (Assessment District No. 207, Alley No, 33, 12th Street to Civic Center Drive between Roosevelt Avenue and Hoover Avenue)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,322 be adopted. Carried by unanimous vote. Resolution No. 13,323, "RESCLUTION ADOPTING WAGE SCALE (Assessment District No. 207, Alley No. 33, 12th Street to Civic Center Drive, between Roosevelt Avenue and Hoover Avenue." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,323 be adopted. Carried by unanimous vote. 5/6/80 151 The CONTINUED APPEAL of Planning Commission finding regarding lawful non- conforming use status (Samuels, Inc., 740 National City Blvd. - Jewelr Store/"Head Shop") should not have been on tonight's agenda, it was y scheduled for next week. City Attorney recommended a motion to continue to next week. Moved by Van Deventer, seconded by Camacho. No. 2 be continued for one week. Carried by unanimousvote�blic Hearin ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Van Deventer, these Ordinances for second reading be by title on7.,. Carried by unanimous vote. Ordinance No. 1713 (4/gg/gg..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.'+ by seconded by Van Deventer, Ordinance No, 1713 4 g3 8Q..4d be adoWaters, Carried by unanimous vote. Ordinance No. 1714 (4/gg/8Q..g), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE UNIFORM PLUMBING CODE, 1979 EDITION, ESTABLISHING 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 OF OF NATIONAL CITY." Moved by Waters, seconded byVanVanIPAL CODEDeventerr THE CITY No, 1714 (4 g8/80.2 be ado ted. Carried by unanimous, Ordinance s vote. Ordinance No. 1715 (4/gg/gg.,g) CIICALIFORNIA, , "AN ORDINANCE OF THE CITY OF NATIONAL TY, CA I ADOPTING THE UNIFORM MECHANICAL CODE, 1979 EDITION AND CHAPTER 22 OF APPENDIX B, AND APPENDIX C PENALTIES FOR THE VIOLATION THEREOF, AMENDING ORDINANCE NO. 1589 OANDING CHAPTER 15,14 OF THE MUNICIPAL CODE OF THE CITY OF NATIONAL CITY," Moved by Waters, seconded by Van Deventer, Ordinance No. 1715 4 $g 40- be adopted, Carried by unanimous vote. Ordinance No. 1716 (4/gg/g0-4 "AN CITY, CALIFORNIA, ADOPTING UNIFORM CODE, 19 9CITY EDITIION, PIOVID PENALTIES FOR THE VIOLATION THEREOF, AND AMENDING ORDINANCE NO. 1S88DING AND CHAPTER 15.16 OF THE MUNICIPAL CODE OF THE CITY OF NATIONAL CITY." Moved by Waters, seconded by Van Deventer, Ordinance No. 1716 4 be adopted. Carried by unanimous vote. gg 8A"4 Ordinance No, 1717 (4/a3/g0„4), "AN ORDINANCE OF THE CITY OF NATI CITY, CALIFORNIA ADOPTING THE NATIONAL ONL AMENDED, ESTABLISHING REQUIREMENTS ELECTRICAL CODE, 1978 EDITION, AS R S FOR INSTALLATIONS AND MATERIALS AMENDING ORDINANCESNOO15D2 AND CHAPTERCAL 15.24 OF THE MUNICIPAL, CODE OF THE CITY OF NATIONAL CITY," Waters, seconded by Van Deventer, Ordinance No, 1717 Moved by add. Carried by unanimous vote. 4 g9-S be Ordinance No. 1718 (4/gg/gp,,.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 HAZARD- OUS 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 ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH." d ObTHER o Waters, seconded by Van Deventer, Ordinance No. 1718 4 Moved e adpted, Discussion. Mayor Morgan displayed chart showing a be paid for fire hydrants for Senior High Rise, McCune,Ball Oldsm bile= and for 19th St, 1911 Act and at 24th & Wilson. Carried by unanimous vote. Ordinance No. 4/22/80_7, "An Ordinance amending Ord ing sewer service charges and rescindingceNo. 13 I0" Moved y est.. Camacho, seconded by Morgan, Ordinance No. 4/22/8O_7 beadopted hbby Discussion. Moved by Waters, seconded by Van Deventer, this item be laid over three weeks. Carried by unanimous vote. 5/6/80 OLD BUSINESS 152 RECONSIDERATION of Type 40 Original, ON -SALE BEER LICENSE authorizing the sale of beer for consumption on the premises where sold and the sale of beer for consumption off the premises where sold by Raymond G. Saatjian, Len Steinbarth and Charles W. and Gertrude Lamden, dba "COOKIN' TACOS", 1710 Highland Avenue, National City, was presented, LEN STEINBARTH, 14236 Hillside Dr., San Diego, and RAY SAATJIAN, 626 Caminito Marcial, San Diego, owners of Cookin' Tacos, were present and urged Council to consider a Conditional license to operate during the hours of 11:00 a.m. to 7:00 p.m.; they serve a family public and they don't think juveniles or lowriders would be a problem; Long John Silver's across the street have had a license to serve beer for four years and they have not had one complaint against them; they don't want to operate a bar; their establish- ments in San Diego & El Cajon serve beer without any problems; 90% of their gross sales was food. Discussion. Moved by Morgan, seconded by Van Deventer, we protest the license. Carried by the following vote, to -wit: Ayes: Van Deventer, Waters, Morgan, Nays: Camacho, Abstaining: Dalla. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF DEMANDS (WARRANT REGISTER NO. 42), dated April 22, 1980, in the amount of $226,609.92 (Warrants Nos. 68183 through 68327) and Payroll for the period ending April 15, 1980 in the amount of $187,468.31 was presented. Moved by Waters, seconded by Van Deventer, the bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City Treasurer/Finance Director's request for RATIFICATION OF DEMANDS (WARRANT REGISTER NO. 43), dated April 29, 1980, in the amount of $82,716,31 (Warrants Nos. 68356 through 68391) was presented. Moved by Waters, seconded by Van Deventer, the bilk be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City Treasurer/Finance Director's request for RATIFICATION OF DEMANDS (WARRANT REIGSTER NO. 44), dated May 5, 1980, in the amount of $337,111.47 (Warrants Nos. 68392 through 68459) was seconded by Van Deventer, the bills be presented. Moved by Waters, aid and warran. by the following vote, to -wit: Ayes: Camacho, Dalia,ts VanrawnDeventer,ried Waters, Morgan. Nays: None. THE CLAIM FOR DAMAGES of ROMMEL MARTINEZ/VEVAIN GALLEGOS-MARTINEZ filed with the City Clerk on April 18, 1980 was presented. Moved by Van Deventer, seconded by Camacho, this claim be denied and referred to the City Attorney. Carried by unanimous vote. An application for Type 20, ORIGINAL, OFF -SALE BEER AND WINE LICENSE (authorizing the sale of beer and wine for consumption off the premises where sold) by Dr. Clayton T. Cook, 1602 East 4th Street, National City, was presented. The City Clerk reported a petition was received protesting the license. Moved by Waters, seconded by Van Deventer, this application be rotested and the Cit Attorne be directed to show this etition to the State Dept. of Alcoholic Beverage ontrol and let them know the people in the area object very strongly to a new liquor store in that area. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Councilman Dalla asked City Attorney McLean if a Conditional Use Permit such as discussed under Item 15 (limiting hours of sale) could be used for other licenses for fast-food stores that sell beer and wine, problems occur late at night at these stores, can that Conditional Use Permit be applied to that type of business to eliminate or control the problem? City Attorney McLean replied the business is not responsible for what goes on in the parking lot; he will bring a report. A REQUEST from the South Bay "Meals on Wheels" for waiver of building rental fees. (The South Bay "Meals -on Wheels" Advisory Board will hold a 5/6/80 153 luncheon in the Kimball Community Building on May 23, 1980. Approximately 150 persons are expected to attend. The Advisory Board is requesting City Council to waive all fees for this occasion [$90.60]. The event will be held during working hours [Friday] therefore, no custodial charges will be assessed. Staff recommends that the use of the Hall on May 23, 1980 be approved but the request of waiver of fees be denied.) Moved by Dalla, seconded by Van Deventer, in favor of staff recommend- ation. Carried by unanimous vote. A Petition for 1911 Act Improvement of 9th St. east of Paradise Drive received by the City Clerk on April 29, 1980 was presented. Moved by Morgan, seconded by Waters, refer to staff for further processing. Carried by unanimous vote. The Request of PARADISE VALLEY HOSPITAL to occupy a commercial mobile unit for temporary office facilities was presented. Moved by Waters, seconded by Van Deventer, it be laid over one week. Carried by unanimous vote. The Planning Department's recommendation that STREET VACATION - "A" Avenue between Eleventh St. and Twelfth Street, S-1-80, City initiated, be set for public hearing (The Community Development Commission desires to include "A" Avenue between llth St. and 12th St. in their development of properties located immediately east and west of the area proposed vacation. The City Council at the meeting of February 26, 1980, took action to initiate vacation proceedings on this portion of "A" Avenue) was presented. Moved by Waters, seconded by Van Deventer, set this for hearing by resolution. Carried by unanimous vote. WRITTEN COMMUNICATIONS A letter from Gerald Handler requesting consideration of changing the limitation on the number of units that maybe offered to families with children at LAS PALMAS PARK VILLAS condominium project at Newell and 24th Streets was presented. GERALD HANDLER, 6160 Capri Dr., San Diego, and Mr. Balesteri, 8305 Bicker St., San Diego, Degen Development Company was present. Mr. Handler and Mr. Balesteri urged Council to consider having additional units offered to families with children to qualify for VA financing; the mortgage market at the present time is such that very few can qualify for purchase of a condominium; they need the VA financing; 2-bedroom condos are not likely to attract families with children; they requested Council consideration of cooperating to allow the documents to be amended to meet the minimum Veteran's Admnistration financing requirements. Discussion. Moved by Morgan, seconded by Van Deventer, we table this item for one week to talk with school officials and Carried by unanimous vote. Planning Director Gerschler meet with the Veterans Administration. OTHER BUSINESS PLANNING A request for extension of time for filing FINAL MAP for the RUEBEN FRUTOS SUBDIVISION, S-19.79 (On July 10, 1979, the City Council adopted Resolution No. 13,081, approving tentative map. Pursuant to the Govern- ment Code, that approval expires after one year. Staff recommends that this request be approved.) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff recommendation. Carried by unanimous vote. PLANNING COMMISSION RESOLUTION NO. 16-80 r. Denying an application for zone variance to allow an off-street parking facility (740 National City Blvd.) was presented. The City Clerk reported an appeal was received. Moved by Waters, seconded by Camacho, a_p_t_Ett_fai:_hparino on June 3 1980. Carried by unanimous vote. CITY TREASURER/FINANCE DIRECTOR The City Treasurer's MONTHLY FINANCIAL STATEMENTS for the months ending February 29, 1980, and March 31, 1980 were presented. Ordered fiied by unanimous vote. 5/6/80 TRAFFIC SAFETY COMMITTEE Recommendations of the TRAFFIC SAFETY CITTEE from their regular meeting of April 9, 1980, (1. Erect a sign with the tt on Ethel Place, just northerly of Manchester Street; leg" onNo stablish outlet e Way' traffic (Southbound) on the alley between Orange and Prospect Ste from 18th to 20th. Also, erect "No Parking" signs on both sides of said alley; 3. Erect a reflectorized barricade on the south side of 4th Street, facing southbound traffic on Laurel Street. Also, paint a Stop bar" and the legend "Stop" on the pavement adjacent to the existing" stop sign on Laurel at 4th.) were presented. Moved by Van by Dalla, in favor of the Traffic Safety Committee's recommendati nsnded and these be filed. Carried by unanimous vote. STREET TREE AND PARKWAY COMMITTEE Minutes for the STREET TREE AND PARKWAY COMMITTEE were presented. Moved by Waters, seconded by Van Deventer, they be filed. Carried by unanimous vote.__,_ CITY MANAGER - No report, CITY ATTORNEY .. No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL 154 COUNCILMAN CAMACHO reported he and Councilman Van Deventer delivered mattresses and other items to an orphange in Tecaste; the officials from Tecate invited the Council from National City to come to a fair similar to the Del Mar (smaller) on July 3-10, 1980; they would like the City to have a display because they are a "National City Day". Councilman Camacho and CouncilaVan nDeventerg onlng were authorized to look into the Cinco de Mayo funds that were not used and to see how much money is available. Moved by Camacho, seconded by Waters, the meeting Carried unanimous vote. The meeting closed at 8:56 closed, by p.m. /-2!- CITY CLERl. CITY OF NATIONAL CITY, CALIFORNIA The minutes were approved at the regular meeting of May 20, 1980. Corrections No corrections AY CITY OF NATIONAL CITY, CALIFORNIA 5/6/80