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HomeMy WebLinkAbout1980 09-02 CC MIN234 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 2, 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, Dallas 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 City Manager McCabe. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meetings of August 19 and 26, 1980, be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the resolutions be read by title only. Carried by unanimous vote. Resolution No, 13,428, "RESOLUTION AMENDING RESOLUTION NO. 12,579 AND RESOLUTION NO. 13,035 APPROVING TENTATIVE SUBDIVISION MAP FOR SHELL MANOR I." Moved by Camacho, seconded by Waters, Resolution No. 13,428 be adopted. Discussion re the amount of the bond {$7,000); the fact that the developer's engineer checked the slopes; determining from the "as -built" grading what ratio the slopes are and whether or not they are stable; the inspection and testing of the slopes by an independent soils engineer; that when the neighboring backyards are full of mud, they will not call the engineer who approved the slopes but will call the City. FRED PUH41425 Shell Ave., was present and reported the developer mitigated his problems; he graded the adjacent property so the driveway can be used; he will put a berm in on Shell Ave; he was quite satisfied with what has been done for him personally. Moved by Van Deventer, seconded by Dallas the motion be amended to include that an independent soils engineer check and report back as a condition of approval. Discussion re the vote on 2:1 slopes at the Council meeting of December 13, 1977 when it was approved subject to 25 conditions; FHA asked to have 11:1 slopes; that lots 8 through 13 were specifically designated in the resolution adopted by Council. Acting City Engineer Stracker said he would feel more comfortable with certification of a soils engineer recommended by the City. Mayor Morgan advised the developer the City would choose an engineer to be paid by the developer. James Kress, 2084 El Cajon Blvd,, developer, was present and said he had no objection. Acting City Engineer Stracker said he would give the names of 3 engineers to Mr. Kress tomorrow. Amendment to motion carried by unanimous vote. Motion carried, by the following vote, to -wit: Ayes; Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Resolution No. 13,429, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND JOHN S. NOLTE AND ASSOCIATES FOR CONSULTING SERVICES FOR PREPARATION OF THE NATIONAL CITY LOCAL COASTAL PLAN." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,429 be adopted. Carried by unanimous vote. 9/2/80 235 Resolution No. 13,430, "RESOLUTION ACCEPTING COVENANT TO HOLD HARMLESS AND DIRECTING THE RECORDING THEREOF (Park Village Condo Subdivision, 1213 "E" Avenue by So -Cal Development Co.)." Moved by Van Deventer, seconded by Waters, Resolution No. 13,430 be adopted. Carried by unanimous vote. Resolution No. 13,431, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Specification No. 902, Kimball Park, Phase II and IIIB)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,431 be adopted. Discussion re guaranty of vegetation. Carried by unanimous vote. Resolution No. 13,432, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Improvement of 24th Street and 1-5 Interchange, Specification No. 910)." Moved by Van Deventer, seconded by Dalla, Resolution No. 130432 be adopted. Carried by unanimous vote. Resolution No. 13,433, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO AREA CHAPTER OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS ADOPTING UNIFORM DISASTER MITIGATION PLAN." Moved by Waters, seconded by Camacho, Resolution No. 131433 be adopted. Carried by unanimous vcte. ADOPTION OF ORDINANCES Moved by Camacho, seconded by Van Deventer, the ordinances be read by title only. Carried by unanimous vote. Ordinance No, 1726 (8/36/80-1), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, REPEALING ORDINANCE NO. 1474 RELATING TO THE PREPARA- TION AND DISTRIBUTION OF FOOD, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH (FOOD HANDLER INSPECTION FEES)." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1726 (/88..4) be adopted. DAN BERGMAN, Chief, Division of Sanitation, Department of Public Health, was present and answered Council's questions re inspections and enforcement. Motion carried by unanimous vote, Ordinance No. 1727, (8/36/80-a),, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING ORDINANCE NO. 1697 ADDING TITLE 12 TO THE MUNICIPAL CODE RELATING TO THE CONTROL OF NOISE." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1727 (8/86/80-3) be adopted. Carried by unanimous vote. NEW BUSINESS 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, of Linda S. and Robert E. Prevatte, dba SOUTH BAY FLOWERS, 1626 Sweetwater Road, Suite E was presented. Moved by Waters, seconded by Van Deventer, in favor of the application of South Bay Flowers, 1626 Sweetwater Road. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. APPLICATION for Type 42, Transfer (dropping partner), ON -SALE BEER AND WINE PUBLIC PREMISES LICENSE authorizing the sale of beer and wine for consumption on the premises wherein no person under 21 years of age is allowed, plus the sale of beer and wine for consumption off the premises where sold, of Richard A. Sanders, dba BRANDY'S, 730 National City Boulevard (Police, Planning and Building Departments all stated "no grounds for objection") was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff recommendation. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. APPLICATION for Type 20, Transfer, OFF -SALE BEER AND WINE LICENSE authorizing the sale of beer and wine for consumption off the premises where sold, of Joseph H, Younan and Basim H. Younan, dba FARMERS DISCOUNT MARKET, INC., 1535 East 18th Street (Police, Planning and Building Departments all stated "no grounds for objection") was 9/2/80 236 presented. Moved by Waters, seconded by Camacho, in favor of the Type 20 License for Farmers Discount Market, 1535 East 18th Street and Staff recommendation. Carried, by the following vote, to -wit Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan* Fire Chief Bridge's recommendation to go to bid for FIRE APPARATUS (new unit to replace a 1955 Seagrave pumper; go to bid now for delivery in FY 1981-2 as it takes from 12 to 18 months to design and build the unit; bids to be solicited from approximately five manufacturers) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff recommendation. Carried by unanimous vote. The City Clerk's report of OPENING OF SEALED BIDS for the 1911 Act Improvement of ALLEY between 18th and 20th Streets, ttN" and "©" Avenues, Specification No. 913 (two bids received and opened after 3:00 p.m., August 27, 1980: T.B. Penick and Sons, $39,730.94; and Sapper Construction Co., $33,385.00) was presented. No action necessary - information only. OTHER BUSINESS PLANNING A letter from the Project Coordinater, Biggs Engineering Corp., request- ing a TIME EXTENSION for filing FINAL MAP and PLANNED UNIT DEVELOPMENT PERMIT for Canyon Park Townhomes (Pat Hart), Case file numbers S-1-79 and PUD-3-79 (tentative map approved September 11, 1979 for Canyon Park Townhomes Subdivision, 17 units, 2300 block Euclid Avenue; the map will expire one year from date of approval; the applicant, Pat Hart, also secured approval of a Planned Unit Development Permit which granted deviation from LUC requiring a 2:1 slope ratio; PUD permit expires en September 12, 1980...) was presented. Planning Director Gerschler reported the time extension is needed to complete processing of a required water easement with Sweetwater Authority; if the City Council is satisfied with the extension of the code deviations, staff recommends approval of the request; if the map is extended, staff recommends that the PUD Permit extension be included in the same action. Moved by Waters, seconded by Van Deventer, in favor of the request for extension of filing the final may and the PUD be extended. DAN BIGGS, Biggs Engineering Corp., was present to answer Council's questions. Motion carried by unanimous vote. PLANNING COMMISSION NOTICES OF DECISION Planning Commission Resolution No. 23-80, approving Planned Development to allow development of a 24-unit motel at 510 National City Boulevard was presented. Ordered filed by unanimous vote. STREET TREE AND PARKWAY COMMITTEE The Street Tree and Parkway Committee at their regular meeting of August 21, 1980, recommended the following street tree removals: I. San Diego Gas & Electric at 1418 East 20th Street - 2 Coco's palms and replacement with 2 15-gallon seaforthia palms required; 2. Larry Bucy, 3729 Kellie Court, removal of one Tristania and replacement with a suitable tree planted in front yard on deposit of $10 with City Treasurer for the replacement (Park Division staff recommends ratification of the action) was presented. Moved by Van Deventer, seconded by Waters, in favor of the Street Tree and Parkway Committee's recommendations. Carried by unanimous vote. MAYOR MORGAN reported postponement of the trial on Rt. 252 to October 2 at the request of the State, PUBLIC HEARINGS The PUBLIC HEARING on the FINAL DRAFT HOUSING ELEMENT OF THE GENERAL PLAN for the City of National City (Government Code requires the General Plan shall consist of 9 mandated elements... Sec. 65302(c) defines a 9/2/80 237 housing element to be developed pursuant to regulations established under Sec. 41134 of the Health and Safety Code, consisting of standards and plans for the improvement of housing and for provision of adequate sites for housing; this element shall make adequate provision for the housing needs of all economic segments of the community..,, the Final Draft Housing Element prepared by Alfred Gobar Assoc. and Casteneda- Berg and Assoc... has been reviewed by the state office of Housing and Community Development and approved with some minor conditions; staff and consultant have responded to satisfy the specified conditions.) was presented. The City Clerk reported the Certificate of Publication was on file. Planning Director Gerschler reported the Planning Commission unanimously approved the Final Draft Housing Element; Planning Commission certified that the Environmental Impact Report was completed in compliance with CEQA and the state EIR Guidelines and the project will not have a significant effect on the environment; the Citizens' Advisory Committee on Community Development was the citizens group to work with the Planning Commission and they also recommend its adoption; Ron Larson is present if Council has any questions. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the public hearing be closed and the Final Draft Housing Element be approved with all of the Planning Commission stipulations adhered to. Carried by unanimous vote. PUBLIC HEARING on the Resolution of Intention No. 13,404, Assessment District No. 208, for the 1911 ACT IMPROVEMENT OF ALLEYS NOS. 31, 34, 50, 100 and 105 was held at this time. The City Clerk reported the Certificate of Publication and Affidavits of Posting and Mailing were on file. The City Clerk read written protests from: Alley 31: Veri D. and I1a C. Mason, A.P. 556-551-13 & 14, Roy W. Thomas, 1045 C Ave.; Alley 34: Mr. and Mrs. Italo Vattuone, A.P. 560-013-02, -07 and -08, Salvatore Navarra, A.P. 560-013-02, -07 and -08, Rosa Castagnalo, A.P. 560-013-02, -07 and -08; Alley 100: John D. Anderson, Anderson and Mason, A.P. 561-311-08, Mrs. J.L. Parker, A.P. 561-311-13, T. Parker, 2240 I Ave., Joseph Sardo, 2235 and 2241 Highland Ave., Joseph Sardo and Salvatore Crivello, 2235 and 2241 Highland Ave,., Neil W. and Mary E. Trace, A.P. 561-311-01 and -02, Francis J. Welle, 1826-28 East 22nd St., and Frederick R. Miller, A.P. 561-311-09. ROBERT ONLEY, Associate Civil Engineer, was present and pointed out each of the parcels on a map of District 208 as the City Clerk read the protests. Mr. Orley reported the protest on Alley 100 was 100%; the protest on Alley 34 was 60.60%. Moved by Camacho, seconded by Waters, Alleys Nos. 100 and 34 be eliminated from the project. Carried by unanimous vote. Mr. Onley pointed out on the map the locations of Alleys 31, 50 and 105 and described the work to be done. Mrr. Orley said before the elimination of Alleys 34 and 100 the estimated cost of construction of the improve- ments was $96,731.49, including incidental expenses; the City contribution was $3,945.15; estimated assessment $92,786.34; the work to be done included grading, P.C.C. paving and some drainage and work auxiliary to any of the above. City Attorney McLean inquired if Mr. Thomas and Mr. Mason who protested Alley 31 because the alley adjacent to their properties was already improved would benefit equal to their dollars of assessment. Mr. Orley replied Mr. Thomas' assessment was $240.45 and Mr. Mason's was $356.10, both would benefit to that extent. Mr. Onley said he had viewed all of the properties within the districts and they would benefit in proportion to their assessments. Questions were asked about the cement strip in the center of each alley. Mr. Welle, 1826-28 East 22nd Street was present and asked why Alley 100 was chosen for improvement, it is paved and there are some alleys in the City that are just dirt alleys. Floyd Johnson was present and asked if bumps could be placed in the alley behind the Congregational Church to slow speeders. The Mayor answered that the City Attorney had always advised against such devices because if a car is wrecked or someone hurt, the City would be sued. No one else was present in this regard. Moved by Waters, seconded by Camacho, the public hearing be closed on Resolution of Intention No. 13,404 and Alleys 31,50, and 105 be approved and all stipulations of staff be adhrered to. Carried by unanimous vote. CITY MANAGER- No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. 9/2/80 238 CITY COUNCIL COUNCILMAN VAN DEVENTER presented a check in the amount of $1,000 to the City Manager„ saying it was repayment of the City help for the Regional and District play-offs of the Pony League. Mr. Van Deventer gave his thanks for the City's help and announced the League ended the year with $2,223 left over. COUNCILMAN DALLA asked the City Manager of the City Manager if the City could do the billing for the sewer charges and save money rather than pay Sweetwater Authority to do the billing. City Manager McCabe answered the charge per subscriber is $.24; there is no way the City could do it for that amount. VICE MAYOR WATERS spoke regarding the low -rider problem, saying everyone is pleased; he has gotten nothing but fine reports; the Police Department is doing a good job; the Council is doing a good job. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 7:30 p.m., Tuesday, September 16, 1980. Carried by unanimous vote. The meeting closed at 8:22 p.m. CITY CLERK CITYNATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City at their regular meeting of September 16, 1980. Corrections No corrections CITY OF NATIONAL CITY, CALIFORNIA NOTE: There is no tape recording of this meeting. 9/2/80