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HomeMy WebLinkAbout1991 08-13 CC MINBook 73/Page 204 8/13/91 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 13, 1991 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, Van Deventer, Zarate, 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, Tom G. McCabe, followed by the invocation by Councilman Dalla. APPROVAL OF MINUTES Motion by Inzunza, seconded by Dalla, the Minutes of the Regular Meeting of August 6. 1991 be approved. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Zarate, Waters. Nays: None. Abstaining: Van Deventer. PROCLAMATIONS Motion by Dalla, seconded by Van Deventer, the Proclamation be accepted by title only. Carried by unanimous vote. The Proclamation proclaiming August 13, 1991 to be: "JOSEPH TUMINTING DAY" was read aloud in full by Mayor Waters who presented it to Mr. Tuminting. TEMPORARY USE PERMIT The Mayor called on Building & Safety Director, Bouse, who explained that a TUP from the American Legion Post 255 had been received after the posting of the Agenda, which pertains to an event scheduled for Saturday, August 17, 1991 at Kimball Park. ACTION: Motion by Inzunza, seconded by Van Deventer, to bring this item onto the Agenda as the need to take action arose after the posting of the Agenda. Carried by unanimous vote. SUBJECT: Temporary Use Permit - American Legion Post 255 request a TUP to conduct their Annual Picnic in Kimball Park from 12:00 p.m. to 6:00 p.m., August 17, 1991. The request includes serving alcoholic beverages, a need for the use of Park Restroom Facilities and a waiver of fees. Book 73/Page 205 8/13/91 TEMPORARY USE PERMIT (continued) RECOMMENDATION: Staff recommended approval of the Temporary Use Permit and granting of the request for a waiver of fees subject to all conditions, to -wit: City Attorney: Requires hold harmless, general liability insurance in favor of the city and its officers, agents, employees and volunteers, who shall be additional insureds. Limits of coverage to be determined by the Risk Manager. Risk Manager: Sign Hold Harmless. Provide a million dollars liability insurance and liquor liability coverage. Name the City of National City, its officials, agents, employees and volunteers as additional insureds. Fire: Secure separate Fire Safety Permit from Fire Department. Provide site plan. 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 their business license. ACTION: Motion by Dalla, seconded by Inzunza, for approval subject to Staffs recommendations. Carried by unanimous vote. Mayor Waters then read into the record a letter from the Lions Club which had been submitted with a check for $800. to be presented to the Police Department Reserves. Police Captain Tom Deese accepted the donation on behalf of the Police Department. PUBLIC HEARINGS CONDITIONAL USE PERMIT 1. SUBJECT: Public Hearing - Appeal of Planning Commission denial of a Conditional Use Permit for the sale of beer and wine in a restaurant at 2837 Highland Avenue. (Applicant: Richard Cardenas) (Case File No. CUP-1991- 7). NOTE: Affidavit of Mailing and Proof of Publication are on file in the Office of the City Clerk. The Mayor advised Council and Staff that he had received a letter from the Sweetwater Union High School District Director of Planning & Facilities, Andrew Campbell, stating that the District would be willing to consider a six- month trial period issuance of a liquor license to Vincent Maruca, Senior. (Copy on file in the Office of the City Clerk). RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommended that this application be denied. The Planning Commission voted unanimously to deny the application. TESTIMONY: Vincent Maruca, owner of the property located at 2837 Highland Avenue, National City, spoke in favor of the Appeal. Mary Louise Martin, 1527 E. 15th Street, National City, spoke in opposition of the Appeal. Fernando Carranza, 902 E. 18th Street, National City, spoke in favor of the appeal. Book 73/Page 206 8/13/91 CONDITIONAL USE PERMIT (continued) ACTION: Mayor Waters declared the Public Hearing closed. Motion by Van Deventer, seconded by Inzunza, the Public Hearing be closed and to approve the license with the added condition of a six (6) month review by the Planning Department or if the business is sold during that time. it would come back also for review. Carried by the following vote, to -wit: Ayes: Inzunza, Van Deventer, Zarate, Waters. Nays: Dalla. ROUTE 54 2. SUBJECT: Public Hearing - Connecting Cagle Street with the proposed South Bay Freeway at Valley Road. NOTE: Affidavit of Mailing and Proof of Publication are on file in the Office of the City Clerk. The City Clerk noted that one letter of support and one of opposition had been received in her office, prior to the Public Hearing. RECOMMENDATION: Staff recommended the Public Hearing be held. TESTIMONY: Norm Larsen, 5146 Gary St., San Diego, Deputy District Director, Cal Trans District 11 for Design, introduced other Cal Trans employees present, John Fisher, Project Manager and Homer Noroozi, Project Engineer. He then explained that since the Cagle Street connection has no effect on the operations of the freeway, Cal Trans had no objections to deleting it from their plans. Cal Trans would require the City Council to submit a Resolution requesting the deletion to make it official. Homer Noroozi, Cal Trans Project Engineer, explained the Highway 54/Reo Drive Interchange. Will Hill, 3306 Stockman, National City, spoke regarding a petition he had circulated in opposition to the Cagle Street connection. Joseph Florentino, 3343 Cagle Street, National City, spoke in opposition to the Cal Trans proposal. Anthony Ralphs, 3459 San Miguel Court, Bonita, spoke in opposition to the Cagle Street connection, but only if Valley Road is closed off also. Donald Smith, 3726 Stockman, National City, presented statistics he had gathered of the number of vehicles traveling daily on the street. Alex Gonzalez, 3628 Stockman, National City, made inquiry of Council as to the use of the bridge versus the proposed interchange. Alberto Gaviria, 3819 Cagle Street, National City, expressed his opinion on the shopping center entrance. Thomas Mitchell, 3517 Stockman, National City, requested an alternate access route for Sweetwater Heights residents if Cagle is closed off. Mr. and Mrs. Henry Fuentes, 3350 Valley Road, Bonita, spoke in favor of the proposed connection and presented the Council with a petition in support. City Engineer, Burt Myers, made a brief board presentation showing the Reo Drive connection and answered questions from the audience. Book 73/Page 207 8/13/91 ROUTE 54 (continued) Jean Laughlin, 3543 San Miguel Court, Bonita, spoke in opposition to the closing off of Cagle Street without the closing of Valley Road and made inquiry of Council. Darla Paston, 3433 Cagle Street, National City, spoke in favor of the closure of Cagle. Theodore Stark, 3111 Cagle Street, National City, spoke in favor of keeping Cagle Street open. Able Ramirez, 3809 Stockman, National City, represented a group of residents that had held a meeting in the park, approximately 52 people, 48 of which expressed that they favored closing the access to through traffic. Mr. Ramirez then expressed several of the groups concerns. Albert Paston, 3614 Cagle Street, National City, expressed his opinion on the design of the interchange. Ramona Everett, 3321 Stockman, National City, suggested a temporary closure of Cagle Street. Oscar Galvan, 3211 Stockman, National City, spoke in favor of the closing of Cagle Street. Laura Richardson, 3539 San Miguel Court, Bonita, made inquiry of the City Engineering on the proposed closures. Jessica Hinkman, 3343, Newberry Street, National City, spoke in opposition to the proposed connection. Priscilla Valdez, 3333 Cagle Street, National City, expressed her opinions on area street and traffic concerns. Frank Najera, 3125 Stockman, National City, spoke in favor of the closing of Cagle Street. Marilu Riffel, 3909 Cagle Street, National City, made inquiry to Cal Trans with regards to property acquisition. Anthony Billingham, 3328 Stockman, National City, spoke in opposition to the proposed connection. Leonard Sauceda, 3335 Newberry Street, National City, spoke in favor of the closing of Cagle Street. Juan Enrique Lopez, 3354 Valley Road, Bonita, spoke in opposition to the closure of Cagle Street and expressed his opinion on the design of the interchange. Suzanne Valentine, 3025 Cagle Street, National City, spoke in favor of the closing of Cagle Street. Theresa Gaviria, 3819 Cagle Street, National City, spoke in favor of the closing of Cagle Street. Carl Hickman, 3343 Newberry Street, National City, spoke in favor of the closing of Cagle Street. Viola Steinbeck, 3505 Cagle Street, National City, spoke in opposition to the Cal Trans proposal and in favor of the closing of Cagle Street. ACTION: Mayor Waters declared the Public Hearing closed. Motion by Dalla, seconded by Van Deventer, the Public Hearing be closed and to direct Staff to prepare the appropriate Resolution requesting Cagle Street be deleted from the Cal Trans proposal. Carried by unanimous vote. Book 73/Page 208 8/13/91 ROUTE 54 (Continued) TESTIMONY: Eric Pahlke, SANDAG representative, 1411 Barrymore Street, San Diego, answered Councils questions and proposed the hooking up of Cagle Street with Valley Road without the overcrossing as a possible alternative. ACTION: Motion by Van Deventer, seconded by Inzunza, to refer Valley Road to the City Attorney and Engineering Department to return. if feasible. with a proposed closing of Valley Road. and notify all affected area residents. Carried by unanimous vote. TESTIMONY: Mrs. Florentino, 3345 Cagle Street, National City, made inquiry to the Council as to the specific time frame for the project. City Engineer Myers inquired as to whether the Council would want the installation of the speed humps delayed or cancelled if Cagle Street is closed. ACTION: Motion by Dalla, seconded by Van Deventer, to refer the holding up installation of speed humps to Staff to handle, Carried by unanimous vote. Mayor Waters called a recess at 9:25 p.m. Council reconvened at 9:35 p.m. ROLL CALL Council members present: Dalla, Inzunza, Van Deventer, Zarate, Waters. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution No. 91-164 through 91-167). Motion by Van Deventer, seconded by Dalla for approval. Carried by unanimous vote. DEEDS & EASEMENTS 3. Resolution No. 91-164. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM MIKE A. NAZABAL AND DIRECTING THE RECORDATION OF A GRANT DEED FOR A PARCEL OF LAND AT 1925 DIVISION STREET FOR STREET PURPOSES." (A.P.N. 552-421-08). Adopted. See above. STREET DEDICATING/NAMING 4. Resolution No. 91-165. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DEDICATING AND NAMING AN ACQUIRED PARCEL OF LAND AT 1925 DIVISION STREET AS DIVISION STREET." Adopted. See above. Book 73/Page 209 8/13/91 CONTRACT 5. Resolution No. 91-166. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SUBORDINATION, ATTORNMENT AND NON -DISTURBANCE AGREEMENT AND AN ESTOPPEL CERTIFICATE PERTAINING TO THE POLICE DEPARTMENT ANNEX." Adopted. See above. POLITICAL SUPPORT 6. Resolution No. 91-167. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT FOR THE COMBINED ELECTRIC POWER AND SEAWATER DESALINATION PROJECT FOR SAN DIEGO COUNTY." Adopted. See above. ORDINANCE FOR ADOPTION Motion by Dalla, seconded by Inzunza, the Ordinance be accepted by title only. Motion failed by the following vote, to -wit: Ayes: Dalla, Inzunza, Waters. Nays: Zarate. Abstaining: Van Deventer. Mayor Waters requested a re -vote after discussion. Motion by Dalla, seconded by Inzunza, the Ordinance be accepted by title only. Motion carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Zarate, Waters. Nays: None. Abstaining: Van Deventer. MUNICIPAL CODE 1991 7. Ordinance No. 2015. "AN INTERIM ORDINANCE OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE ENACTING A MORATORIUM ON THE CONSTRUCTION OF INDUSTRIAL AND COMMERCIAL BUILDINGS IN THE WESTSIDE AREA." RECOMMENDATION: Staff recommended enactment of the Ordinance. TESTIMONY: Ted Godshalk, Planning Commissioner, made inquiry of Council and expressed his opinions in favor of a Planned Development Overlay. Gil Rivera, owner of property on the westside, expressed his opinions on development on the westside. NOTE: Councilwoman Zarate stated for the record, she would vote in favor only if relief would be provided for the people of the westside, otherwise she wanted the Planned Development Overlay brought back onto the Agenda. ACTION: Motion by Inzunza, seconded by Dalla, to go forward with the Interim Ordinance enacting a moratorium on construction of industrial and commercial buildings on the westside. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Zarate, Waters. Nays: None. Abstaining: Van Deventer. OLD BUSINESS LEAGUE OF CALIFORNIA CITIES 8. SUBJECT: Designation of Voting Delegate for League Annual Conference. Continued from Council Meeting of August 6, 1991. RECOMMENDATION: Staff recommends the appointment of a Council delegate. Book 73/Page 210 8/13/91 LEAGUE OF CALIFORNIA CITIES (continued) ACTION: Motion by Dalla, seconded by Inzunza, in favor of the designation of Councilman Van Deventer as the Voting Delegate with City Manager McCabe and Assistant City Manager Bolint as alternates. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTERS 1991 9. SUBJECT: Warrant Register No. 6. Ratification of Demands in the amount of $197,631.31 (Warrant Nos. 117496 through 117555 inclusive, excepting none). RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Inzunza, seconded by Van Deventer, the demands be ratified. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Van Deventer, Zarate, Waters. Nays: None. STREET EUCLID AVENUE EXTENSION 10. SUBJECT: Report regarding reconstruction of Euclid Avenue from 20th to 22nd Street. Engineering Spec. No. 1033. RECOMMENDATION: Staff recommended 1. Deny the request, or 2. Authorize the City Engineer to sign a contract change order for $5,175.00 to perform the requested work. TESTIMONY: Alex McLintock, 2038 Euclid Avenue, National City, spoke in favor of his request and agreed to allow access by the City to enter his property for the driveway work. ACTION: Motion by Van Deventer, seconded by Zarate, for approval of the change order. Carried by unanimous vote. Mayor Waters deviated from the Agenda and invited Mr. Alfonzo Hernandez forward. Mr. Hernandez, 2132 Euclid Avenue, National City, made a poster board presentation and expressed his opinions on how the Euclid Avenue Extension should have been engineered. Mayor Waters then called Mr. Carrillo, 2031 Euclid Avenue, National City, forward and had him answer Councils' questions. Jim Mau, 2030 Euclid Avenue, National City, introduced himself to Council. Alex McLintock, 2038 Euclid Avenue, National City, made inquiry of Staff as to why his section of Euclid had no underground utilities. Staff volunteered to research the item and will bring back a report. Paul Long, 2126 Euclid Avenue, National City, expressed his opinions on Euclid Avenue utility poles. Book 73/Page 211 8/13/91 CONDITIONAL USE PERMIT 11. SUBJECT: Notice of Decision - Planning Commission Resolution No. 30-91 approving modification of Conditional Use Permit (CUP-1990-4) to allow window signs in a commercial center at the northeast corner of Division Street and Highland Avenue. (Applicant: Donna Marin, Ultra Neon Sign Co.). (Case File No.: CUP-1991-9). RECOMMENDATION: Staff concurs with the Planning Commission decision and recommends the Notice of Decision be filed. Planning Commission unanimously approved the application. ACTION: Motion by Van Deventer, seconded by Inzunza, this item be filed. No objection as filed. CONDITIONAL USE PERMIT 12. SUBJECT: Notice of Decision - Planning Commission Resolution No. 29-91 approving a Conditional Use Permit for a Martial Arts School at 2505 East Division Street, Suite J. (Applicant: Evelyn F. Barbadillo). (Case File No. 1991-8). RECOMMENDATION: Staff concurs with the Planning Commission decision and recommends the Notice of Decision be filed. Planning Commission unanimously approved the application. ACTION: Motion by Van Deventer, seconded by Inzunza, this item be filed. No objection as filed. SEWER CAPACITY 13. SUBJECT: Approval for the City of San Diego to seek a waiver of secondary sewage treatment by legislative, administrative or judicial changes, and agreeing to pay a capacity -based pro rata share of the estimated $1.0 million dollar cost of such effort. RECOMMENDATION: Staff recommended Council authorize the Governance Advisory Group (GAG) member to vote to proceed with the waiver process, and to commit this city to pay its pro rata share of the estimated $1 M cost. ACTION: Motion by Inzunza, seconded by Zarate, in favor. Carried by unanimous vote. BUDGET FY 90-91 C.I.P. 14. SUBJECT: F.Y. 1990-91 C.I.P. Project Year -End Status Report. RECOMMENDATION: Staff recommended the report be received and filed. ACTION: Motion by Dalla, seconded by Van Deventer, the item be held over for one week. Carried by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. Book 73/Page 212 8/13/91 MAYOR Mayor Waters read into the record a Memo from the Sweetwater Authority stating that the City of National City was proposing to improve various curbs, gutters, sidewalks and street drainage (91 locations in all) which would require the modification of 21 meter boxes, 2 service laterals and 2 fire hydrants in order to avoid conflict with the proposed improvements. The relocation work and engineering is estimated to be $17,000. The Sweetwater Authority agreed to pay 100% of the relocation cost, or $17,000. CITY COUNCIL Vice Mayor Inzunza made inquiry of Staff with regards to the annual swim meet held at the Las Palmas Park Pool and the parking problems related thereto. PUBLIC ORAL COMMUNICATIONS Alfonzo Hernandez, 2132 Euclid Avenue, National City, expressed his opinions on swim meet parking problems. Sal Salem, owner of Ranch House Liquor, 404 Palm Avenue, National City, expressed concerns with a recently installed island on Palm Avenue. Carl Chase, prior owner/builder of Ranch House Liquor, 404 Palm Avenue, National City expressed concerns with the island also. Staff advised they would look into the situation and report back to Council. ADJOURNMENT Motion by Van Deventer, seconded by Dalla, the meeting be adjourned to the Next Regular City Council Meeting - August 20. 1991 - 4:00 p.m. - Council Chambers. Civic Center. Carried by unanimous vote. The meeting closed at 11:25 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of August 20, 1991. hz-- , «, AYOR CITY OF NATIONAL CITY, CA ALL CITY COUNCIL MEETINGS ARE TAPE RECORDED. YOU MAY LISTEN TO THE TAPES IN THE CITY CLERK'S OFFICE. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK.