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HomeMy WebLinkAbout1989 07-11 CC MINBook 71/Page 136 7/1 1 /89 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 11, 1989 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Waters. ROLL CALL Council members present: Dalla, Inzunza, Pruitt, Van Deventer, Waters. Administrative officials present: Bolint, Eiser, McCabe, Myers, Peoples, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed by the invocation by Councilman Dalla. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Inzunza the minutes of the regular meeting of June 27. 1989 and the minutes of the adiourned meeting of the City Council Finance Committee meeting preliminary budget review of June 29. 1989 be approved. Carried by the following vote to -wit: Ayes: Dalla, Inzunza, Van Deventer, Waters. Nays: None. Abstaining: Pruitt. Mayor Waters requested the Closed Sessions be heard at this time. CLOSED SESSION CLOSED SESSION FOR DISCUSSION OF LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9(C) (CITY OF NATIONAL CITY V. PYREDUCT). CLOSED SESSION WITH CITY'S DESIGNATED REPRESENTATIVES UNDER GOVERNMENT CODE SECTION 54957.6. ACTION: Moved by Van Deventer, seconded by Pruitt, in favor. Carried by unanimous vote. Council left the Council Chambers and went into closed session at 7:03 p.m. Council returned to the Council Chambers at 7:20 p.m. ROLL CALL Council members present: Dalla, Inzunza, Pruitt, Van Deventer, Waters. PUBLIC HEARINGS TENTATIVE PARCEL MAPS 1. SUBJECT: Continued Public Hearing - Appeal of Planning Commission denial of a tentative parcel map to divide one parcel into two parcels at 1215 Palmer Way. (Applicant: Jesus Salazar) (Case File No. LS-4-88) " Continued from Council Meeting of 6/27/89 ". The City Clerk reported that the Affidavit of Mailing and Proof of Publication is on file in the Office of the City Clerk. RECOMMENDATION: The Planning Commission voted to deny the application. The Staff recommends that the project be approved. TESTIMONY: Victor Rodriguez, 30 E. Palmer St., Chula Vista, Civil Engineer for project spoke in favor. Jim Guffey, 12838 Gambusa Way, San Diego, prior owner of 1215 Palmer Way spoke in favor. ACTION: The Mayor declared the Public Hearing closed. Moved by Van Deventer, seconded by Pruitt in favor of staffs recommendation for approval with all conditions and to close the Public Hearing. Carried by unanimous vote. STREET EXTENSION 2. SUBJECT: Public Hearing - Specific Plan Amendment to eliminate extension of 9th Street between "V" Avenue and Euclid Avenue. (Applicant: J. Edwin Cheneweth) (Case File No. SPC-1-89). The City Clerk reported that the Affidavit of Mailing and Proof of Publication is on file in the Office of the City Clerk. RECOMMENDATION: The Staff concurs with the Planning Commission recommendation which was approval of the specific plan amendment. TESTIMONY: None. ACTION: Mayor Waters declared the Public Hearing closed. Moved by Van Deventer, seconded by Pruitt to move in favor of staffs recommendation for approval and to close the Public Hearing. Carried by unanimous vote. Book 71/Page 137 7/11/89 GENERAL PLAN/ZONING MAP 3. SUBJECT: Public Hearing - Specific Plan for residential development in the canyon area northwest of "D" Avenue and 30th Street and amendment to the Combined General Plan/Zoning Map from CH (Heavy Commercial) to RS-3-PD (Single -Family Residential -Planned Development) for Property in the southwestern portion of the Specific Plan Area. (Case File Nos. SP-2-89/GP-2-89/ZC-2-89). The City Clerk reported that the Affidavit of Mailing and Proof of Publication is on file in the Office of the City Clerk and one letter of opposition was received and is also on file. RECOMMENDATION: The Staff concurs with the Planning Commission recommendation which was that the Combined General Plan/Zoning Map be amended as proposed and that the Specific Plan be approved with recommended conditions based on required findings. TESTIMONY: Kevin Mineo, 110 W. C Street, Suite 2100, San Diego, Attorney representing Mr. and Mrs. Paul Howell, spoke in opposition. Bernard Helton, 2304 D Avenue, National City, requested exclusion of his parcel from the plan to build his own residential home (A.P.N. 562-122-31). He spoke in opposition. Ralph King, 2820 D Avenue, National City, spoke in opposition. He presented a packet to the Mayor and Councilmembers. (Copy on file in the Office of the City Clerk.) F. F. Mournian, 2721 B Avenue, National City spoke in opposition. Arain Munawar, 1410 Euclid Avenue, National City spoke in opposition.' Zenaido Villalobos, 2730 B Avenue, National City, spoke in opposition. Ralph King, 2820 D Avenue, National City, added more comments. ACTION: Mayor Waters declared the Public Hearing closed. Moved by Pruitt to continue the Public Hearing for 120 days. Died for lack of second. Motion by Dalla, seconded by lnzunza to continue the Public Hearing for two weeks. Carried by unanimous vote. Mayor Waters called a recess at 8:25 p.m. Council reconvened at 8:37 p.m. ROLL CALL Council members present: Dalla, Inzunza, Pruitt, Van Deventer, Waters. GENERAL PLAN/ZONING 4. SUBJECT: Public Hearing - Amendments to the General Plan and Title 18 (Zoning) of the Municipal Code regarding approval procedures for shopping centers and residential and joint residential/commercial development in commercial zones. The City Clerk reported that the Affidavit of Mailing and Proof of Publication is on file in the Office of the City Clerk. One letter of support was received and is also on file in the Office of the City Clerk. (Case File Nos.: A-2-89/GP-1-89). RECOMMENDATION: Staff concurs with the Planning Commission recommendation, which was adoption of the proposed amendments to the General Plan and Title 18 (Zoning), but further recommends that the allowable density in mixed use developments be specified as 1 dwelling unit per 1900 sq. ft. of lot area. TESTIMONY: John Tenewolde, 2424 N Avenue, National City, made inquiry as to the disposition of the density proposal. ACTION: The Mayor declared the Public Hearing closed. Motion by Van Deventer, seconded by Pruitt, for approval with the density for mixed use and all other conditions recommended by Staff and the Planning Commission, and the Public Hearing be closed. No vote taken. Motion by Dalla, seconded by Waters to amend the square footage from 1900 to 2000. No vote taken. Motion by lnzunza, seconded by Van Deventer to hold over for two weeks. No vote taken. Motion by Dalla, seconded by Inzunza, to continue the Public Hearing for one week. Carried by unanimous vote. City Attorney Eiser mentioned that the Ordinance could still be adopted as an urgency ordinance if it was continued. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions 16,012 through 16,019). Moved by Van Deventer, seconded by Dalla the Consent Resolutions be adopted. The City Engineer noted that on Item 6 the APN which is reflected as "08" should be "02." Councilman Pruitt stated that he would be abstaining from Items 5, 6, 7, 11 and 12 (Resolution Nos. 16,012, 16,013, 16,014, 16,018, 16,019) as his home is on Euclid Avenue. Carried by unanimous vote. Book 71/Page 138 7/1 1 /89 ACQUISITION/EUCLID AVENUE/CONFLICT OF INTEREST 5. Resolution No. 16,012, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR THE ACQUISITON OF A PORTION OF THE PROPERTY AT 2408 EAST 18TH STREET WHICH IS NEEDED FOR THE EUCLID AVENUE EXTENSION FROM 16TH TO 20TH STREETS. (Assessors Parcel Number 558-230-02)." Adopted. See above. Abstaining: Pruitt. DEED & EASEMENT/CONFLICT OF INTEREST 6. Resolution No. 16,013, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM EARL E. AND EUSTOLIA HANGEN AND DIRECTING RECORDATION OF A GRANT DEED OF A PARCEL OF LAND FOR STREET PURPOSES (A.P.N. 558-230-02)." Adopted. See above. Abstaining: Pruitt. NAMING & DEDICATING/EUCLID AVENUE/CONFLICT OF INTEREST 7. Resolution No. 16,014, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DEDICATING AND NAMING A PORTION OF A PARCEL OF LAND AT 2408 EAST 18TH STREET AS EUCLID AVENUE FOR STREET PURPOSES. (A.P.N. 558-230-02/Earl and Eustolia Hangen)." Adopted. See above. Abstaining: Pruitt. BUDGET 89-90 8. Resolution No. 16,015, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING PRELIMINARY BUDGET FOR FISCAL YEAR 1989-90." Adopted. See above. DEED & EASEMENT 9. Resolution No. 16,016, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM NATIONWIDE ENTERPRISE, INC. AND DIRECTING RECORDATION OF A GRANT DEED OF A PARCEL OF LAND FOR STREET PURPOSES. (A.P.N. 563-010-31)." Adopted. See above. NAMING & DEDICATING/HIGHLAND AVENUE 10. Resolution No. 16,017, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DEDICATING AND NAMING A PORTION OF A PARCEL OF LAND AT 2525 HIGHLAND AVENUE AS HIGHLAND AVENUE FOR STREET PURPOSES. (A.P.N. 563-010-31/Nationwide Enterprise, Inc.)." Adopted. See above. ACQUISTION/EUCLID AVENUE/CONFLICT OF INTEREST 11. Resolution No. 16,018, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ENTER INTO AN ESCROW FOR THE ACQUISITION OF A PORTION OF THE PROPERTY AT 2005 EUCLID AVENUE WHICH IS NEEDED FOR THE EUCLID AVENUE EXTENSION FROM 20TH TO 22ND STREETS. (Assessor's Parcel Number 558-281-02)." Adopted. See above. Abstaining: Pruitt. DEED & EASEMENT/CONFLICT OF INTEREST 12. Resolution No. 16,019, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM MILDRED NEREE BRICKEN AND DIRECTING RECORDATION OF AN INDIVIDUAL GRANT DEED OF A PARCEL OF LAND FOR STREET PURPOSES. (A.P.N. 558- 281-02)." Adopted. See above. Abstaining: Pruitt. NON -CONSENT RESOLUTIONS Motion by Dalla, seconded by Van Deventer the Resolutions be accepted by title only. Carried by unanimous vote. GOVERNMENT CODE/VECTOR CONTROL 13. Resolution No. 16,020, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO INCLUSION IN THE SAN DIEGO COUNTY VECTOR CONTROL SERVICES ESTABLISHED PURSUANT TO GOVERNMENT CODE SECTION 25842.5." **CONTINUED FROM COUNCIL MEETING OF 6/20/89 ** TESTIMONY: Gary Stephanie, 1700 Pacific Highway, County of San Diego, answered questions. Mayor Waters spoke in opposition . ACTION: Moved by Dalla, seconded by Van Deventer in favor of Resolution 16.020. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Pruitt, Van Deventer. Nays: Waters. Book 71/Page 139 7/1 1 /89 CONTRACT/CITY MANAGER, CITY ATTORNEY, CITY CLERK 14. Resolution No. 16,021, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING FISCAL YEAR 1989-90 COMPENSATION PLAN FOR THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK." Moved by Van Deventer, seconded by Dalla in favor of Resolution 16.021. With concurrence of maker and second, motion amended to hold over for two weeks. Carried by unanimous vote. GENERAL PLAN 15. Resolution No. 16,022, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE GENERAL PLAN. (Case File Nos. GP-1-89, GP-2-89)." Moved by Van Deventer, seconded by Pruitt to hold over to coincide with Public Hearing on Shopping Centers. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION MUNICIPAL CODE/MEDICAL WASTES 16. "AN ORDINANCE OF THE CITY OF NATIONAL CITY ADDING CHAPTER 9.48 TO TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE, RELATING TO THE REGULATION OF THE STORAGE AND DISPOSAL OF MEDICAL WASTES." ORDINANCES FOR ADOPTION SHOPPING CENTERS/ZONING 17. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTED AS AN URGENCY MEASURE, AMENDING TITLE 18 (ZONING) OF THE NATONAL CITY MUNICIPAL CODE REGARDING APPROVAL PROCEDURES FOR SHOPPING CENTERS AND RESIDENTIAL AND JOINT RESIDENTIAUCOMMERCIAL DEVELOPMENT IN COMMERCIAL ZONES. (Case File No. A-2-89)." Moved by Pruitt, seconded by Van Deventer to hold over to coincide with the Public Hearing on Shopping Centers. Carried by unanimous vote. OLD BUSINESS STREET TREES 18. SUBJECT: Street Trees - Wilson Avenue. **Continued from Council Meeting of 6/6/89 **. RECOMMENDATION: The Staff recommends choosing one of the three options presented in the report, to -wit: 1. Remove all trees and replant 26 additional street trees as requested by Bay Services. 2. Remove none of the trees; heavily prune them, and plant additional trees in between existing trees. 3. Remove dead, diseased trees (6); from Civic Center South, these trees would be numbers 2, 3, 5, 6, 9, and 10. Heavily prune remaining trees and plant additional street trees in between the remaining trees. TESTIMONY: Alana Coons, 1515 "L" Avenue, National City, Representative of National City Historical Society spoke recommending Option 2, with the following exceptions, the 3rd tree in from Civic Center Drive should be removed, the trees moderately pruned, not heavily and the trees to be planted in between the existing trees be 1. Historically characteristic to our Cities heritage and the rest of the street, 2. Fast, hardy growing and larger in size than what has been suggested, at least 15' high. She will provide a list to Staff of hearty, fast growers in the Eucalyptus family. ACTION: Moved by Dalla, seconded by Inzunza in favor of Option 2. Carried by the following vote, to -wit: Ayes: Inzunza, Dalla, Waters. Nays: Pruitt, Van Deventer. NEW BUSINESS FINANCIAL MANAGEMENT 19. SUBJECT: Warrant Register No. 52. Ratification of Demands in the amount of $200,129.56. (Warrant Nos. 106150 through 106231 inclusive, excepting none) and Certification of Payroll for the period ending June 12, 1989, in the amount of $372,077.36. RECOMMENDATION: Staff recommends the warrants be ratified and payroll certified. ACTION: Motion by Dalla, seconded by Inzunza, the demands be ratified and the payroll certified. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Pruitt, Van Deventer, Waters. Nays: None. Book 71/Page 140 7/11/89 FINANCIAL MANAGEMENT/CONFLICT OF INTEREST 20. SUBJECT: Warrant Register No. 1. Ratification of Demands in the amount of $263,090.04. (Warrant Nos. 106233 through 106334 inclusive, excepting none). RECOMMENDATON: Staff recommends the warrants be ratified. CONFLICT OF INTEREST: Councilman Van Deventer said he would be abstaining on Warrant No. 106263, as he owns the premises. ACTION: Motion by Van Deventer, seconded by Inzunza the demands be ratified. Warrants (except 106263) ratified by the following vote, to -wit: Ayes: Dalla, Inzunza, Pruitt, Van Deventer, Waters. Nays: None. Warrant No. 106263 ratified by the following vote, to -wit: Ayes: Dalla, Inzunza, Pruitt, Waters. Nays: None. Abstaining: Van Deventer. OTHER BUSINESS ZONE VARIANCE 21. SUBJECT: Notice of Decision - Planning Commission Resolution No. 23-89 denying a Zone Variance for access via an easement across property at 2820 "D" Avenue for development of a single-family residence on adjacent property to the west. (Applicant: Ralph King) (Case File No. Z-2-89). The City Clerk stated that a letter of appeal should the councils action be contrary to the applicants request has been received. RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. ACTION: Moved by Van Deventer, seconded by Dana, that this item be scheduled for a Public Hearing on August 22. 1989. Carried by unanimous vote. BEACH PARK PROJECT 22. SUBJECT: Report regarding status of Beach Park Project. RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. ACTION: Moved by Van Deventer, seconded by Dalla, that this item be filed, No vote taken. Motion made by Waters, seconded by Inzunza that we notify the Army Corps of Engineers that we are no longer interested in the Beach Park Project because we intend to develop it as a Marina and Seaport Village complex. Carried by the following vote, to -wit: Ayes: Inzunza, Pruitt, Van Deventer, Waters. Nays: Dalla. STREET TREE REMOVALS 23. SUBJECT: Street Tree Removals. RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the removal be denied due to no visible damage by tree roots. ACTION: Moved by Van Deventer, seconded by Pruitt in favor of Staffs recommendation. Carried by unanimous vote. TEMPORARY USE PERMIT 24. SUBJECT: Temporary Use Permit - American Legion Post #255 request a TUP to hold their "Annual Picnic" and to serve beer at the northeast corner of the Kimball Park on August 5, 1989 from 10 a.m. to 6 p.m. Waiver of fees is also requested. RECOMMENDATION: Staff recommends approval subject to the conditions of the City Attorney, Risk Manager, Fire and Finance Departments to -wit: Fire - Only approved bar-b-que equipment shall be used for any cooking. Type SA:10BC fire extinguishers shall be provided at each bar-b- que. City Attorney - Requires hold harmless agreement and public liability insurance with City as additional insured. Finance - A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. If any of the vendors or organizations are registered not - for -profit there will not be a charge for the business license. Police - No apparent drain on Police resources. Risk Manager - Million dollar liability. ACTION: Moved by Van Deventer, seconded by Pruitt in favor of Staffs Recommendation with all conditions of City Attorney. Risk Manager. Fire and Finance Department. Carried by unanimous vote. Book 71/Page 141 7/1 1 /89 CITY MANAGER - City Manager McCabe stated that the Consultant who is doing the Police Department Study plans to come in with a final report on July 18th. A Workshop was set for July 19th at 4:00 p.m. He also stated that the architect plans on presenting the Civic Center plans on the 25th. A Workshop was set for that date at 4:00 p.m. CITY ATTORNEY - 25. SUBJECT: Nelco site. Report to Mayor and Council explaining the Nelco site and the responsibilities for clean up. TESTIMONY: Elias Rodriguez, 1440 "I" Avenue, National City, spokesperson for NOVA, requested an Environmental Risk Assessment Commission. ACTION: Motion by Van Deventer, seconded by Inzunza to have the Fire Chief. City Manager and Staff get together to bring back a report to the Council as to what is in the soil. Carried by unanimous vote. Councilman Van Deventer left the council chambers at 10:37 p.m. Councilman Van Deventer returned to the council chambers at 10:39 p.m. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL 26. SUBJECT: Committee to study the possibility of tourist and commercial development on National City's bayfront. RECOMMENDATION: That the Mayor write a letter to the Port District for the Port to initiate a study for the purpose of changing the present Marine Related use designation to one of Tourist/Commercial and to amend the Port's Coastal Plan to reflect the change. TESTIMONY: Rip Reopelle, 801 Ethel Pl., National City, Port Commissioner spoke regarding the Bayfront development. ACTION: Motion by Van Deventer, seconded by Pruitt in favor of the Committee's recommendation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Allen Olson, 970 E "J" Street, Chula Vista, spoke in opposition of the redevelopment project. Mrs. Irene Harville, 3103 "D" Avenue, National City spoke in opposition of the redevelopment project. F. F. Mournian, 2721 "B" Avenue, National City, spoke in opposition of the redevelopment project. Mr. Allen Olson, 970 E. "J" Street, Chula Vista, spoke again. Alfonzo Hernandez, 2132 Euclid Avenue, National City spoke in opposition of the redevelopment project. Mayor Waters spoke regarding the positive financial status of the City. He also spoke about the condemnation actions under the Redevelopment. Councilman Inzunza spoke regarding the condemnation actions under redevelopment. Mayor Waters left the Council Chambers at 11:53 p.m. Councilman Van Deventer left the Council Chambers at 11:53 p.m. Mayor Waters returned to the Council Chambers at 11:54 p.m. Councilman Van Deventer returned to the Council Chambers at 11:55 p.m. CLOSED SESSION Moved to front of Agenda. CLOSED SESSION FOR PENDING LITIGATION UNDER GOVERNMENT CODE SECTION 54956.9(C (CITY OF NATIONAL CITY V. PYREDUCT). CLOSED SESSION WITH CITY'S DESIGNATED REPRESENTATIVES UNDER GOVERNMENT CODE SECTION 54957.6. Book 71/Page 142 7/11/89 ADJOURNMENT Moved by Van Deventer, seconded by Dalla the meeting be adjourned to the next regular Council Meeting - July 18. 1989 - 4:00 P.m. - Council Chambers. Carried by unanimous vote. The meeting closed at 11:55p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of July 18, 1989. MAYOR CITY OF NATIONAL CITY, CA ALL CITY COUNCIL MEETINGS ARE TAPE RECORDED. YOU MAY LISTEN TO THE TAPES IN THE CITY CLERK'S OFFICE OR THE NATIONAL CITY PUBLIC LIBRARY. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK.