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HomeMy WebLinkAbout1992 11-24 CC MINBook 74/Page 265 11/24/92 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 24, 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 November 17, 1992 be approved. Carried by unanimous vote. PROCLAMATIONS Motion by Dalla, seconded by Van Deventer, the Proclamation be read in it's entirety. Carried by unanimous vote. The Proclamation proclaiming the week of November 29 - December 5, 1992 as: "HOME CARE WEEK" was read aloud in full by Mayor Waters, who then gave it to the City Manager to forward to the appropriate people. APPOINTMENT/VICE MAYOR Mayor Waters recommended the appointment of Councilman Michael Dalla as the new Vice -Mayor for the term ending November 24, 1993. ACTION: Motion by Van Deventer, seconded by Zarate, in favor of the Mayors recommendation. Carried by the following vote, to -wit: Ayes: Inzunza, Van Deventer, Zarate, Waters. Nays: None. Abstaining: Dalla. Book 74/Page 266 11/24/92 PUBLIC HEARINGS SUBDIVISION 1. SUBJECT: Public Hearing - Appeal of Planning Commission Denial of Tentative Parcel Map to divide one parcel into three and Zone Variance to create a parcel with no street frontage and for access to two parcels via an easement at 2208-2210 Rachael Avenue. (Applicant: Rogelio D. and Emerita A. Tipay.) (Case File Nos. LS-1992-2/Z-1992-3.) NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff concurred with the Planning Commission decision and recommends the appeal be denied based on findings in Planning Commission Resolution No. 22-92 and 22-93. TESTIMONY: Gary Hay, Hay Engineering, 772 Washington Avenue, El Cajon, Project Engineer representing the property owner, made a brief verbal presentation in support of the appeal and answered questions of the Council. Rogelio D. Tipay, 2598 DuVall Street, San Diego, property owner, spoke in support of the project and answered questions of the Council. Mayor Waters declared the Public Hearing closed. ACTION: Motion by Van Deventer, seconded by Waters, for approval of the lot split for two parcels rather than three. with the added condition that full bonding be paid for Harbison Avenue. and all other recommended conditions of Staff for approval. Discussion. City Attorney Eiser suggested the hearing be continued to allow adequate time for the applicant to re -draw the map to reflect the division into 2 parcels rather than 3 and then bring it back to Council for approval. City Engineer Myers stated that the Final Map must be in substantial conformance to the Tentative Map. Since the split involves basically erasing the lot line between 2 and 3, this could be handled as a condition of approval. ACTION: Maker and second of the motion agreed to add as a condition for approval, the Tentative Map to be redrawn to reflect two parcels rather than three - Parcel 2 consisting of 2 and 3 combined. Vice Mayor Dalla inquired as to the requirement for fencing between the two houses. Planning Director Post stated that that would be an appropriate condition to add. ACTION: Maker and second of the motion agreed to add as a condition for approval, a solid wood fence is to be installed between the parcels. Carried by the following vote, to -wit: Ayes: Inzunza, Van Deventer, Zarate, Waters. Nays: Dalla. Book 74/Page 267 11/24/92 CONDITIONAL USE PERMIT 2. SUBJECT: Public Hearing - Conditional Use Permit for the sale of beer, wine and distilled spirits within a restaurant at 2200 Highland Avenue. (Applicant: Bananas Restaurant.) (Case File No. CUP-1992-9.) NOTE: Notice of Public Hearing and Proof of Publication are on file in the Office of the City Clerk. RECOMMENDATION: Staff concurred with the Planning Commission decision and recommends the application be approved, based on attached findings and with revised conditions as determined necessary by Council. TESTIMONY: None. Mayor Waters declared the Public Hearing closed. General discussion ensued. City Attorney Eiser suggested modification to Condition No. 5 to "There shall be no sale of alcoholic beverages without food being available for purchase." ACTION: Motion by Van Deventer, seconded by Inzunza, in favor of approval with all conditions of Staff, 1 through 19 (including amended condition number 10). and the modified language to condition 5 as suggested by the City Attorney. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT RESOLUTIONS (Resolution Nos. 92-210 through 92-215). NOTE: Councilman Inzunza requested Item No. 7, Resolution No. 92-214 be pulled. Motion by Van Deventer, seconded by Waters, for approval (except Item No. 7, Resolution No. 92-214). Carried by unanimous vote. PARKING ADMIN 3. Resolution No. 92-210 A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REPLACEMENT OF THE "NO PARKING MONDAY 8-10 AM" AND "TWO HOUR PARKING 8AM-6PM" SIGNS WITH A "NO PARKING AT ANY TIME" SIGN AT 2410 EAST 8TH STREET." Adopted. See above. TRAFFIC SIGN/SIGNAL 4. Resolution No. 92-211. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHANGE OF THE INTERSECTION OF 24TH STREET AND "N" AVENUE FROM A 2-WAY STOP TO A 4-WAY STOP." Adopted. See above. PARKING ADMIN 5. Resolution No. 92-212. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB AT THE 4TH STREET AND "G" AVENUE BUS STOP." Adopted. See above. Book 74/Page 268 11/24/92 CONTRACT 6. Resolution No. 92-213. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE INSTALLATION OF THE TRAFFIC SIGNAL AT THE INTERSECTION OF SWEETWATER ROAD AND REO DRIVE." Adopted. See above. CONTRACT 8. Resolution No. 92-215. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND DIRECTING THE MAYOR TO TERMINATE THE LEASE WITH SOUTHPORT OFFICE PARK, LTD. FOR OFFICE SPACE." Adopted. See above. UNDERGROUND UTILITITY DISTRICT 20 ADMIN 7. Resolution No. 92-214. A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON DIVISION STREET FORM NATIONAL CITY BOULEVARD TO HIGHLAND AVENUE." NOTE: Councilwoman Zarate stated that she would be abstaining from voting on this Resolution as Item 4. of the Resolution pertains to the area of Plaza Boulevard, Palm Avenue to 1-805 which is within close proximity to her personal residence. ACTION: Motion by Inzunza, seconded by Van Deventer for approval of Resolution No. 92-214. Carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Van Deventer, Waters. Nays: None. Abstaining: Zarate. ORDINANCES FOR INTRODUCTION Motion by Dalia, seconded by Van Deventer, the Ordinance be introduced by title only. Carried by unanimous vote. MUNICIPAL CODE 1992 9. "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SUBSECTION 1 OF ORDINANCE NO. 1673, AND SUBSECTION (B) OF SECTION 2.42.040 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO DISPOSAL OF SURPLUS CITY PROPERTY." OLD BUSINESS SANDAG/REGIONAL PUBLIC FACILITIES FINANCING PLAN 10. SUBJECT: Comments regarding Draft Regional Public Facilities Financing Plan. RECOMMENDATION: Staff recommended that the letter be directed to SANDAG. ACTION: Motion by Van Deventer, seconded by Dalla, in favor of Staffs recommendation. Carried by unanimous vote. Book 74/Page 269 11/24/92 NEW BUSINESS WARRANT REGISTERS 1992 11. SUBJECT: Warrant Register No. 20. Ratification of Demands in the amount of $899,420.70 (Warrant Nos. 123860 through 123962 inclusive excepting none), and Certification of Payroll in the amount of $433,393.12. RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Inzunza, seconded by Zarate, for approval. Warrants carried by the following vote, to -wit: Ayes: Dalla, Inzunza, Van Deventer, Zarate, Waters. Nays: None. CONDITIONAL USE PERMIT 12. SUBJECT: Notice of Decision --Planning Commission Resolution No. 24-92 approving a Conditional Use Permit for the sale of beer and wine within a convenience store/delicatessen at 1727 Sweetwater Road, Suites "S" and "T". (Applicant: Ablahad Hommy.) (Case File No. CUP-1992-13.) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. ACTION: Motion by Van Deventer, seconded by Dalla, this item be filed. No objection as filed. CONDITIONAL USE PERMIT 13. SUBJECT: Notice of Decision --Planning Commission Resolution No. 25-92 approving a Conditional Use Permit for construction of an 80 foot tall microwave transmitting tower in the CT-RD Zone at 2434 Southport Way. (Applicant: Robert Kennedy, Urban Community Radio, Inc.) (Case File No. CUP-1992-11.) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. ACTION: Motion by Van Deventer, seconded by Inzunza, this item be filed. No objection as filed. TRAFFIC SAFETY COMMITTEE 1992 14. SUBJECT: Report of the Traffic Safety Committee Meeting of October 14, 1992. RECOMMENDATION: Staff recommended the report be received and filed. ACTION: Motion by Dalia, seconded by Van Deventer, this item be filed. No objection as filed. CITY MANAGER - City Manager McCabe reminded the City Council and Public, that this is a holiday week at City Hall with the building being closed both Thursday, November 26th and Friday, November 27th. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - Mayor Waters read into the record a press release pertaining to a recent court case involving the National City Police Department (Carter). Book 74/Page 270 11/24/92 CITY COUNCIL - Councilman Van Deventer spoke regarding his 15 years of public service with the City and commended City Staff for being above par in their expertise and service to the community. He then made comment and thanked Planning Director Post, City Engineer Myers, Building & Housing Director Bouse, Public Works Director Williams, Parks & Recreation Director Ruiz, Fire Chief Kimble, the Police Department, City Manager McCabe, Assistant City Manager Bolint, Community Development Director Desrochers and Finance Director Caloza. PUBLIC ORAL COMMUNICATIONS None. ADJOURNMENT Motion by Zarate, seconded by Waters, to dispense with the Regular City Council Meeting of December 1. 1992 at 4 P.M. and Adjourn to December 1. 1992 at 7 P.M. - Council Chambers, Civic Center. Carried by unanimous vote. The meeting closed at 8:38 p.m. lcru, Clnk6N.e M.-01A CITY CLERK The foregoing minutes were approved at the Regular Meeting of December 1, 1992. 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.