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HomeMy WebLinkAbout1980 11-11 CC MIN14 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 11, 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, Grahl, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATIO The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by the Rev. Rod Barr. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the meeting of October 28, 1980 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS The Mayor's recommended appointment of Leticia Camacho to the Committee for Housing and Community Development was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Mayor's recommendation. Carried by unanimous vote, MAYOR'S PROCLAMATION See Page # 17, Paragraph # 4. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, they be adopted by title only,, Carried by unanimous vote Resolution No. 13,462, "Resolution of the City Council of the City of National City, California authorizing execution of an agreement for loan and repayment with the Parking Authority of the City of National City for the Plaza Bonita Regional Shopping Center, National City, California," Moved by Van Deventer, seconded by Camacho, Resolution No. 13,462 be delayed for a week. Councilman Dalla asked about the changes made last Tuesday, saying since they are holding it over for a week, they might make initial inquiries about revenue sharing, and the likelihood of its passing this next session, or anytime. Carried by unanimous vote. Resolution No. 13,463, "A RESOLUTION APPROVING NEGOTIATED PROPERTY TAX EXCHANGE FOR ANNEXATION AND DETACHMENTS RELATIVE TO STIELAU RE. -ORGANIZATION (AN-79)," Moved by Waters, seconded by Van Deventer, Resolution No. 13,463 be adopted, Carried by unanimous vote. Resolution No. 13,464, "A RESOLUTION APPROVING NEGOTIATED PROPERTY TAX EXCHANGE FOR ANNEXATION AND DETACHMENTS RELATIVE TO VALLEY ROAD - FULLER REORGANIZATION (AN.1-79)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,464 be adopted. Carried by unanimous vote. Resolution No. 13,465, "Resolution giving notice of intention to vacate and close Roosevelt Avenue between 18th Street and the southerly line of the vacated 17th Street." Moved by Camacho, seconded by Van Deventer, that this be held one week. Carried by unanimous vote. Resolution No. 13,466, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION QUITCLAIM DEED TO PLAZA PARK ASSOCIATES." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,466 be adopted. Carried by unanimous vote. 11/11/80 15 Resolution No. 13,467, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed From PLAZA PARK ASSOCIATES for Drain Easement)." Moved by Van Deventer, seconded by Waters, Resolution No. 13,467 be adopted. Carried by unanimous vote. Resolution No. 13,468, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT FOR PORTION OF 21st STREET BETWEEN NATIONAL CITY BOULEVARD AND "A" AVENUE." Moved by Waters, seconded by Van Deventer, Resolution No. 13,468 be adopted. Discussion re razing the 21 Club and needed fire hydrants. Planning Director Gerschler said agreements are being fulfilled. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 17, in the amount of $339,280.55 (Warrants Nos. 70,258 through 70,352) 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 personal transfer of BEER AND WINE LICENSE to allow the sale of beer and wine for consumption on a bona fide public eating place type premises, plus the sale of beer and wine for consumption off the premises where sold, Type 41, GEORGE E. AND JANE E. GEORGE, 1828 E-F Sweetwater Road, dba THE VINEYARD, was presented. Moved by Waters, seconded by Van Deventer, in favor of the Vineyard's request on Sweetwater Road. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The APPLICATION FOR LEAVE TO PRESENT LATE CLAIM and CLAIM FOR DAMAGES OF ROBERT MESTER/FARMERS INSURANCE GROUP, arising from an accident on June 18, 1980 was presented. City Attorney McLean recommended they be allowed to file their claim. Moved by Camacho, seconded by Van Deventer, they be allowed to file their claim. Carried by unanimous vote. City Attorney McLean recommended the claim be denied. Moved by Dalla, seconded by Camacho, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES OF ANDREA and JAMES MARTINSON, 1304 Scott Drive, filed with the City Clerk on October 31, 1980 was presented. Moved by Waters, seconded by Camacho, this request be denied and be referred to the City Attorney. Carried by unanimous vote. NATIONAL CITY CHAMBER OF COMMERCE°S request to serve ALCOHOLIC BEVERAGES in KIMBALL COMMUNITY BUILDING for their Annual Dinner Meeting, January 17, 1981 from 6:00 p.m. until midnight (Chamber of Commerce exempt from payment of all fees and charges under Category 1 of the Building Rental Policy; Public Works Dept. staff recommends City Council approve the request subject to three requirements: 1. Applicant shall obtain a use permit from the Dept. of Alcoholic Beverage Control, copy to be filed with the Public Works Dept. prior to the event, 2. A Certificate of Insurance [personal liability and property damage in the amounts of $100,000 for a single occurrence and $300,000 for multiple occurrences] naming the City co-insured shall be submitted, and 3. Security arrangements shall be approved by the Chief of Police) was presented. Moved by Waters, seconded by Camacho, that Item 13, the request from the National City Chamber of Commerce for alcoholic beverages in the Kimball building be approved 0as recommended by staff). Carried,by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. SWEETWATER BASKETBALL BOOSTERS' request for funds for the purpose of financing a trip to Hawaii in late December for the 1980.-81 Sweetwater Basketball Team to participate in an invitational basketball tournament at Punahou High School in Honolulu, Hawaii was presented. Moved by 11/11/80 16 Waters, seconded by Van Deventer, we approve $250 for the Sweetwater High School Basketball Boosters per Council policy. Carried by unanimous vote. JULIETA E. and ALFREDO B. GERGORIO's request for an EXTENSION OF TIME for filing FINAL MAP for Morning Breeze Subdivision (...Council's Resolution No. 13,043 approved the resubmittal of a tentative map for Morning Breeze...subject to 25 conditions...applicant now requests an additional six month extension; the maximum additional time that an approved tentative map can be extended is 18 months; the Planning Director recommended this extension be granted for a period of 18 months and suggested the City Engineer be directed to cooperate with the subdividers in the "street opening" matter mentioned in their letter) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. PLANNING COMMISSION ». NOTICES OF DECISION Planning Commission Resolution No. 26-80 approving an application for conditional use permit to allow construction of a room addition on property located within a designated floodway zone at 3002 East llth Street, Applicant - Leo B. Heaton, Case File No. CUP 1980-7 (Planning Department staff concurs with the Planning Commission approval of this application; unless appealed, their decision will become final on November 12, 1980) was presented. Ordered filed by unanimous vote. Planning Commission Resolution No, 27--80, approving application for none variance to allow division of property that will in effect intensify the amount of existing non -conformity and allow a 4' side yard setback in lieu of required 5' at 3040 "C" Avenue, Applicant - Frank Magdalano, Case File No.. Z-7-80 (Planning Department staff concurs with Planning Commission approval of this application; unless appealed, their decision will become final on November 12, 1980) was presented. Ordered filed by unanimous vote, CITY MANAGER - No Report. CITY ATTORNEY City Attorney McLean recommended Council approve the letter of agreement, dated November 7, 1980, between the City and Clifford W. Reed, Assistant Chief of Police, regarding his disability leave and subsequent retirement. Moved by Camacho, seconded by Van Deventer, in favor of City Attorney's recommendation. Carried by unanimous vote. OTHER STAFF - No Report. MAYOR - No Report. CITY COUNCIL Vice Mayor Waters reported Chula Vista Mayor, Will Hyde (it was Chula Vista's turn to appoint a member to the San Diego Transit Corp. Board) appointed Joseph P, Dordahl, 710 Getson Road, Chula Vista. Vice Mayor Waters reported receipt of a letter from the Senior Citizens Correspondence Secretary, Mrs. McKinney, asking Council's assistance with the news media to keep from giving names and addresses of senior citizens who have been victims of crime, as they sometimes become a target a second time. Mayor Morgan said he did not recall the newspapers giving the names and addresses, sometimes the names; he has written Mrs. McKinney a letter asking clarification, when it happened; it is hard to deal with the papers unless you have specific information. Vice Mayor Waters spoke in regard to a letter from Sheriff Duffy on jail space, saying they are thinking of releasing people they normally jail back onto the streets; Vice Mayor Waters suggested the Council should 11/11/80 17 consider trying to take care of our own problems on minor things and think about reopening our City Jail and taking some of the burden off the County. Councilman Dalla asked if there would be a representative at the Coastal Commission hearing on 20th at 9:00 a.m. regarding the item of fencing. Planning Director Gerschler stated the Chief of Police plans to be there. City Attorney Councilman Dalla asked/ McLean if he had anything to report regarding 252? Mr. McLean stated the hearing was held, the matter is in the hands of the judge; the judge has given 20 days for either side to submit any further materials, after which an opinion will be rendered. MAYOR'S PROCLAMATION The City Clerk read the Mayor's proposed proclamation "NATIONAL BIBLE WEEK - Nov. 23 . 30th." Moved by Van Deventer, seconded by Camacho, in favor of this proclamation. Carried by unanimous vote. PUBLIC HEARING The HEARING on NOTICE OF INTENTION TO ABATE AND REMOVE ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES OR PARTS THEREOF, AS A PUBLIC NUISANCE, 425 SHELL AVENUE (Case File #ZV-80•.77) was called at this time. Planning Director Gerschler said they inspected this property this afternoon, found that the property has been substantially cleaned up, the worst of the vehicles have been removed, the rest have been covered, and in their opinion the property now complies with the requirements of law; and recommended the case be dismissed. Moved by Van Deventer, seconded by Camacho, the case be dismissed. BERNARD TRAGER, 516 E 24th Street, was present and said he has a related item; he lives in a residential neighborhood; next to him there are stored autos; next to his property they are working on truck bodies and have recently taken over two repair refrigerators; it is rental property with no proper way to take care of trash disposal, they throw their trash against his fence; property next to him is breaking his fence by piling truck tires against it; he has been to the Planning Commission three times; theretavQ been no positive results. Discussion. Planning Director Gerschler said they took appropriate action on all those things over which they had jurisdiction; those violations were corrected; it was likely that they have reappeared. Mr. Gerschler said he would make another inspection and take further action. FRED PUHN, 425 Shell Avenue, was present and said he did not think he had a public nuisance; he did what Mr. Gerschler thought was right, and spent $400 covering the cars; these cars were in the back yard of a large piece of property, they could only be seen if you were really looking for them; they were not in the front yard, they were not on the City street or in the driveway like they are all over town; these were hidden away behind his house; he likes to restore cars; this is his hobby; somebody was doing this to him. Mr. Puhn asked Council consider action, saying someone should take a look at this law and make it more specific covering areas sueh as Mr. Trager is talking about where someone is really and truly breaking the law. Motion carried by unanimous vote. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to Wednesday; November 12, 1980 at 2:00 p.m. Carried by unanimous vote. The meeting was adjourned at 7:53 p.m. CITY CLE CITY/OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council at their regular meeting of November 18, 1980. No Corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA 11/11/80 j