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HomeMy WebLinkAbout1992 11-10 CC MINBook 74/Page 251 11/10/92 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 10, 1992 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 the salute to the flag led by City Manager, Tom G. McCabe followed by the invocation by Councilman Dalla. APPROVAL OF MINUTES Motion by Van Deventer, seconded by Dalla, the Minutes of the Regular Meeting of October 27. 1992 be approved. Carried by unanimous vote. PUBLIC HEARINGS PLANNED DEVELOPMENT PERMIT 1992 1. SUBJECT: Public Hearing - Appeal of Planning Commission denial of a Planned Development Permit for a second residence on a lot and zone variance for exceptions to parking, unit size, setback and minimum lot size requirements at 524 "E" Avenue. Applicant: Alberto Gurrola. Case File Nos. PD-1992-5/Z-1992-2. NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended denial of the appeal. TESTIMONY: Juan Camaldo, 303 3rd Avenue, Chula Vista and Alberto Gurrola, 526 E Avenue, National City, spoke in support of the appeal and submitted a petition signed by ten surrounding neighbors also in support of the appeal (copy on file in the Office of the City Clerk). Mayor Waters declared the Public Hearing Closed. Book 74/Page 252 11/10/92 PUBLIC HEARINGS PLANNED DEVELOPMENT PERMIT 1992 (continued) ACTION: Motion by Dalla to deny the appeal. Motion died for lack of a second. General discussion ensued. Motion by Waters to refer the item back to Staff. Motion died for lack of a second. General discussion ensued. Mr. Gurrola stated a willingness to comply with all recommended conditions. Motion by Zarate for approval based on conformance by applicant with all recommended conditions of approval. Motion died for lack of a second. Motion by Waters, seconded by Inzunza, in favor of the appeal based on the findings recommended for approval and recommended conditions. Motion clarified to approve the Zone Variance and the Planned Development Permit. and the various Development Services Group Departments working together to insure that all the construction that has been done or will be done will meet all the codes. Motion failed by the following vote, to -wit: Nays: Dalla, Van Deventer, Zarate. Ayes: Inzunza, Waters. Motion by Van Deventer, seconded by Dalla, for denial of the appeal. Carried by the following vote, to -wit: Ayes: Dalla, Van Deventer, Zarate. Nays: Inzunza, Waters. PLANNED DEVELOPMENT PERMIT 1992 2. SUBJECT: Public Hearing - Appeal of Planning Commission denial of a Planned Development Permit for construction of an 18 unit apartment complex at the northeast corner of Harbison Avenue and 16th Street. Applicant: John Siuta, Silvergate Builders, Inc. Case File No. PD-1992-4. NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended that the Public Hearing be continued to a specific date and the applicant directed to reduce the number of apartments. NOTE: Councilman Van Deventer stated that he would be abstaining as he owns property across the street from the proposed project. TESTIMONY: Ray Dracoules, Los Angeles, representing the owner, Mrs. Leah Isaac, spoke in support of the appeal and answered questions of the Council. Jeff Clough, General Contractor for the project, Half Moon Inn Marina, Shelter Drive, San Diego, spoke in support of the appeal. Lynn Bonnell, 1524 Earle Drive, National City, spoke in opposition to the project. Joan Maniss, 1515 Harbison Avenue, National City spoke in opposition to the project. Mr. & Mrs. George Kolerich, 5504 Alleghany Street, San Diego, spoke in opposition to the project. Walter Clark, National City, spoke in opposition to the project. Neil O'Donnell, 5519 Alleghany Street, San Diego, spoke in opposition to the project. Debra Van Devar, 1524 Earle Drive, National City, spoke in opposition to the project. Ron Morrison, 1233 Harbison Avenue, National City, spoke in opposition to the project. Book 74/Page 253 11/10/92 PLANNED DEVELOPMENT PERMIT 1992 (continued) TESTIMONY (continued): Larry Cossio, 2137 Grove Street, National City, spoke in opposition to the project. Dan Leonard, 612 J Avenue, National City, spoke in opposition to the project. E. Raymond Hernandez, 1535 Earle Drive, National City, spoke in opposition to the project. George Solizano, 1201 Earle Drive, National City, spoke in opposition to the project. Mayor Waters declared the Public Hearing Closed. ACTION: Motion by Dalla, seconded by Zarate, to continue the Public Hearing and direct the applicant to pursue the possibility of reducing the number of units and bring this item back to the Council on December 8. 1992. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Zarate, Waters. Nays: None. Abstaining: Van Deventer. Mayor Waters called a recess. Council members left the Council Chambers at 9:08 p.m. Council members returned to the Council Chambers at 9:21 p.m. ROLL CALL Council members present: Dalla, Van Deventer, Zarate, Waters. Absent: Inzunza. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution Nos. 92-195 through 92- 205 and Item Nos. 14 and 15-Temporary Use Permits). NOTE: Members of the Public requested that Item Nos. 3 & 10 be pulled, Mayor Waters requested that Item Nos. 4 & 14 be pulled, and Councilman Van Deventer requested that Item No. 5 be pulled. Motion by Van Deventer, seconded by Zarate, for approval (except Item Nos. 3. 4. 5. 10 & 14). Carried by unanimous vote. Councilman Inzunza arrived at 9:24 p.m. PARKING ADMIN 1992 6. Resolution No. 92-198. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB AT 1820 E. 16TH STREET." Adopted. See above. PARKING ADMIN 1992 7. Resolution No. 92-199. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB AT 16TH STREET AND SHERYL LANE." Adopted. See above. Book 74/Page 254 11/10/92 TRAFFIC STREET MARKINGS ADMIN 8. Resolution No. 92-200. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF "KEEP CLEAR" MARKINGS AT THE INTERSECTION OF HIGHLAND AVENUE AND BUCKY LANE." Adopted. See above. TRAFFIC STREET MARKINGS ADMIN 9. Resolution No. 92-201. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF "KEEP CLEAR" MARKINGS ON CLEVELAND AVENUE AT THE INTERSTATE 5 OFF - RAMP." Adopted. See above. CONTRACT 11. Resolution No. 92-203. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION, AND APPROVAL OF CHANGE ORDER NO. 1 FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT HIGHLAND AND DELTA STREET. (ENGINEERING SPECIFICATION NO. 92- 11)." Adopted. See above. CONTRACT 12. Resolution No. 92-204. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING DALEY CORPORATION AND C.C.A.C., A JOINT VENTURE, TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DALEY CORPORATION AND C.C.A.C., A JOINT VENTURE, FOR THE FY 1991-92 STREET RESURFACING PROJECT. (ENGINEERING SPEC. NO. 92-12)." Adopted. See above. CONTRACT 13. Resolution No. 92-205. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING DISMANTLEMENT CONSULTANTS LTD., INC. TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DISMANTLEMENT CONSULTANTS LTD., INC. FOR THE DEMOLITION OF THE TWO RESIDENTIAL STRUCTURES ON VALLEY ROAD INCLUDING SITE CLEARANCE. ENGINEERING SPEC. NO. 92-19)." TEMPORARY USE PERMIT 15. SUBJECT: Temporary Use Permit for Sales Promotion - Mossy Nissan. RECOMMENDATION: Staff recommended approval of the request subject to compliance with all conditions of approval and deny the request for waiver of fees in that Mossy Nissan is a for -profit enterprise. Approved. See above. TESTIMONY: None. ACTION: Adopted. See above. Book 74/Page 255 11/10/92 COUNCIL POLICY ADMIN 3. Resolution No. 92-195. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING POLICY NUMBER 709 TO THE CITY COUNCIL POLICY MANUAL PERTAINING TO DUSK -TO -DAWN LIGHTS." TESTIMONY: Alfonso Hernandez, 2132 Euclid Avenue, National City, made inquiry of the Council. ACTION: Motion by Van Deventer, seconded by Zarate, for approval of Resolution No. 92-195. Carried by unanimous vote. STREET VACATION 4. Resolution No. 92-196. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE PORTION OF WEST 21 ST STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE. CASE FILE NO. SC-1992-1." ACTION: Motion by Dalla, seconded by Van Deventer, this item be filed. the Resolution to be brought back once the dealership plans are finalized. No objection as filed. TRAFFIC SIGN/SIGNAL 5. Resolution No. 92-197. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHANGE OF THE INTERSECTION OF 18TH STREET AND PROSPECT STREET FROM A 4-WAY STOP TO A 2-WAY STOP." TESTIMONY: Alfonso Hernandez, 2132 Euclid Avenue, National City, expressed his opinion on the item and spoke in support of the request to remove the 4-way stop. ACTION: Motion by Van Deventer, seconded by Zarate, this item be filed. No objection as filed. TRAFFIC SPEED CONTROL 10. Resolution No. 92-202. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CURRENT RANKINGS OF PROPOSED LOCATIONS FOR SPEED HUMP INSTALLATIONS." TESTIMONY: Larry Cossio, 2137 Grove Street, National City, spoke in opposition to the installation of speed humps on Grove and suggested that the money be spent elsewhere in the City. ACTION: Motion by Waters, seconded by Inzunza, in favor of Resolution No. 92-202. Carried by unanimous vote. TEMPORARY USE PERMIT 14. SUBJECT: Temporary Use Permit - Paradise Valley Hospital. RECOMMENDATION: Staff recommended the approval of the Temporary Use Permit subject to all conditions of approval and grant the request for waiver of fees in that Paradise Valley Hospital is a nonprofit enterprise. TESTIMONY: City Attorney Eiser recommended that due to Paradise Valley Hospital's affiliation with a church, the waiver of fees be denied. ACTION: Motion by Van Deventer, seconded by Zarate, to approve the Temporary Use Permit without the waiver of fees. Carried by unanimous vote. Book 74/Page 256 11/10/92 ORDINANCES FOR ADOPTION Motion by Van Deventer, seconded by Della, the Ordinance be adopted by title only. Carried by unanimous vote. NOTE: Mayor Waters stated that he would abstain from voting as he owns property nearby. ZONING 1992 16. Ordinance No. 92-2042. AN "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM CG TO RM-3-PD FOR APPROXIMATELY 1.6 ACRES SOUTH OF 14TH STREET, NORTH OF 15TH STREET, ONE-HALF BLOCK EAST OF F AVENUE AND ONE-HALF BLOCK WEST OF HIGHLAND AVENUE. APPLICANT: TELACU HOUSING - NATIONAL CITY, INC. CASE FILE NOS. GP-1990-1/ZC-1992-3." ACTION: Motion by Van Deventer, seconded by Inzunza, in favor. Carried by the following vote, to -wit: Ayes: Della, Inzunza, Van Deventer, Zarate. Nays: None. Abstaining: Waters. OLD BUSINESS CABLE TV 17. SUBJECT: Performance Bond Waiver Request - National City Cable. ACTION: Motion by Van Deventer, seconded by Zarate, for approval of the waiver for an additional three-month period. TESTIMONY: Martin Altbaum, President, National City Cable, 581 C Street, Chula Vista, explained the situation and requested that the bond be waived or proposed the signing of a bond for $50,000 with National City Cable as guarantor. ACTION: Amended motion by maker and second to waive the bond requirement based on Section 6.10.190(E) of the Municipal Code "upon finding that extraordinary circumstances applying to the land. buildings. or CATV system do exist." Carried by unanimous vote. Vice Mayor Zarate thanked Mr. Altbaum for airing the "No on R" commercial on cable. WRITTEN COMMUNICATION BUDGET FY92-93 18. SUBJECT: Request for donation from National City Community Action Network to support their annual holiday giving program. ACTION: Motion by Inzunza, seconded by Zarate, in favor of the $250.00 request. Carried by unanimous vote. BUDGET FY92-93 19. SUBJECT: Request for donation from Larry Cossio to help sponsor the National City race team during the 25th Anniversary of the Baja 1000 Off Road Race on November 12, 1992. TESTIMONY: Larry Cossio, 2137 Grove Street, National City, spoke in favor of the request. ACTION: Motion by Van Deventer, seconded by Waters, for denial. Carried by unanimous vote. Book 74/Page 257 11/10/92 BUDGET FY92-93 20. SUBJECT: Request for donation from National City Pony League to purchase safety equipment and baseballs. ACTION: Motion by Van Deventer, seconded by Dalla in favor of the $250.00 request. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTERS 1992 21. SUBJECT: Warrant Register No. 17. Ratification of Demands in the amount of $291,958.09 (Warrant Nos. 123603 through 123696 inclusive excepting 123672) RECOMMENDATION: Staff recommended ratification of these warrants. NOTE: Councilman Dalia stated that he would be abstaining, as he received a refund for overpayment of sewer fees for his property (Warrant No. 123605) which is single-family, but was billed as two units. ACTION: Motion by Van Deventer, seconded by Inzunza for approval. Warrants carried by the following vote, to -wit: Ayes: Inzunza, Van Deventer, Zarate, Waters. Nays: None. Abstaining: Dalla. WARRANT REGISTERS 1992 22. SUBJECT: Warrant Register No. 18. Ratification of Demands in the amount of $488,003.22 (Warrant Nos. 123698 through 123779 inclusive excepting none) and Certification of Payroll in the amount of $442,836.50. RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Zarate, seconded by Van Deventer, for approval. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Van Deventer, Zarate, Waters. Nays: None. CONDITIONAL USE PERMIT 23. SUBJECT: Notice of Decision - Planning Commission Resolution No. 21-92 approving a Conditional Use Permit for the sale of beer, wine and distilled spirits within a restaurant at 2200 Highland Avenue. Banana's Restaurant Inc. Case File No. CUP-1992-9. RECOMMENDATION: Staff concurred with the Planning Commission decision approving the application, and recommends that the Notice of Decision be filed. ACTION: Motion by Waters, seconded by Van Deventer, to set this item for a Public Hearing at the Council Meeting of November 24, 1992 at 7:00 p.m. Carried by unanimous vote. TEMPORARY USE PERMIT 24. SUBJECT: Request for Public Fireworks Display by Sweetwater High School. RECOMMENDATION: Staff recommended the approval of the fireworks display permit, and the use of a fire apparatus. ACTION: Motion by Van Deventer, seconded by Zarate, in favor of the request. Carried by unanimous vote. CITY MANAGER - No report. Book 74/Page 258 11/10/92 CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL Councilman Dalla requested follow-up regarding the status of the "No Truck Parking" signs on Sweetwater Road. Public Works Director Williams reported that signs, hardware and posts have been ordered, and installation should occur during the second week of December. Vice Mayor Zarate recognized the Council and the members of the public who worked hard to defeat Proposition R. PUBLIC ORAL COMMUNICATIONS Alda West, 315 E. 3rd Street, National City, spoke regarding the defeat of Proposition R, and gave special thanks to Vice Mayor Zarate, Ron Morrison, Cecilia Kirk, Aileen Roberts and Elias Rodriguez. ADJOURNMENT Motion by Van Deventer, seconded by Dalla, the meeting be adjourned to the next Regular City Council Meeting - November 17. 1992 - 4:00 p.m. - Council Chambers. Civic Center. Carried by unanimous vote. The meeting closed at 10:29 p.m. CITY CLERK Ple-fltr3 The foregoing minutes were approved at the Regular Meeting of November 17, 1992. 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. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK.