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HomeMy WebLinkAbout1979 02-06 CC MIN89 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FEBRUARY 6, 1979 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, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, Hoffland, McCabe, McLean, SALUTE TO THE FLAG AND INVOC,A?lON The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by the Rev. Hubert Campbell. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Waters, the minutes of the regular meeting of January 23, 1979 be approved. Carried by unanimous vote. SCHEDULED PRESENTATION FRED BAMBERGER, Senior Planner, CPO, was present to discuss population forecast and the growth issue in San Diego. Mr. Bamberger stated the CPO Board will decide this month what, if anything, can be done to slow the growth of the regions population; the decision made on that issue will have an effect upon every citizen in the region; CPO staff analysis on what policies can be implemented and the impact of those policies to slow the rate of popultion growth in the region will be presented to the various various city councils to help them determine how they want their re- presentatives to vote on this vital issue. Mr. Bamberger stated unless policies are changed, population growth in this region will Mmatil a rate of about 44,000 people per year; to achieve a slower rate, population / would have to decline to 25,000 each year, a 40% decrease from what is projected under present trends; the area is growing rapidly primarily because of migration; the difference between births and deaths is only accounting for about 1 out of 5 people added to the region, the other four are people moving here as migrants; there are factors here that make it uniquely attractive for both population and economic expansion. Mr. Bamberger continued the decision before the Board can be broken down into two options: (1) to continue the policies of the past or (2) to pursue a slow -growth policy which will have potentially negative impact upon the economy but perhaps positive impact on the environment; if this second option is selected it will be necessary for the CPO Board to specifically identify those tactics which should be used for slow growth: (1) housing limitations, (2) employment limitations, (3) discourage or dissuade people from moving here. Discussion. PUBLIC ORAL COMMUNICATIONS FRED LANCELOT, 2126 B Avenue, was present regarding the flooding in his area; his trouble started when everything west of National City Blvd. was closed off; that caused the flooding situation; he had a lot of damage and is too old to have this repaired; the drains that were put in were not sufficient; this problem has been brought to the City's attention before and nothing has been done to correct the situation; something should be done and done immediately. Mayor Morgan directed the City Engineer and Public Works Director to meet with Mr. Lancelot. RICHARD ACEY, 2120 B Avenue, was present and stated he too has had problems with flooding in the area; he also protested the rubbish piled on the City portion of the property at the corner of 22nd and B; the Police Department has been called regarding this but nothing done. Asst. City Mgr. McCabe stated he would contact Mr. Acey regarding these problems. 2/6/79 90 SERAFIN SARMIENTO, 2035 Euclid, representing James Sothras, owner of the Trophy Lounge at 999 National City Blvd., was present and appealed to Council to approve their application for a Conditional Use Permit to allow the Trophy Lounge to enlarge its bar and dancing area and to re- furbish the existing cocktail lounge. Mr. Sarmiento stated the Planning Department has required Mr. Sothras to pro*side an additional seven parking spaces; in order to do this he would have to take down part of the existing building. Mayor Morgan requested Asst. City Manager McCabe to bring back a report. City Clerk Campbell read a letter from Willa Crossley thanking the Fire Department for their assistance during the recent storms. PUBLIC HEARINGS The continued HEARING on appeal of Planning Department Notice of Intention to ABATE AND REMOVE TWO INOPERATIVE VEHICLES as a public nuisance from 1833 "L" Avenue, ZC 78-89, Gilbert G. Pina was held at this time. Planning Director Gerschler stated the violation has been abated and staff recommends the case be filed. No one was present in this regard. Moved by Camacho, seconded by Waters, in favor of the Planning Director's recommendation. Carried by unanimous vote. The HEARING on APPEAL of Planning Commission denial of application for CONDITIONAL USE PERMIT on proposed use of property at 29 W. 8th Street for a bar and nightclub use, CUP 1979-1, was held at this time. City Clerk Campbell reported the Certificate of Publication and Affidavit of Mailing were on file. CARMINE BUA, 3456 Camino del Rio North, attorney for the applicants was present and requested this case be continued. Moved by Waters, seconded by Van Deventer, this public hearing be continued to March 6th. Carried by unanimous vote. The HEARING on SPECIFIC PLAN for FIG COURT west of Gilbert Lane, SP-1-79 (the purpose of this specific plan is to establish the location and width of a proposed planned, future street right-of-way for Fig Court west of Gilbert Lane and west of existing Fig Court rights -of -way; Fig Court, as proposed, would have the following recommended future street section; [1] 50 foot right-of-way; [2] 9 feet from face of curb to property line; 3 32 foot paved driveway, curb to curb; [4] 5.5 foot wide sidewalk contiguous to curb; [5] 100 foot diameter cul-de-sac at the westerly terminus; 10 feet from curb face to property line, with sidewalk constructed contiguous; the proposed PSI Basin Drain would extend along a major portion of Fig Court as proposed, the drain would consist of two 54" reinforced concrete pipes which would connect to existing drainage pipes at the east and west limits of the proposed specific plan) was held at this time. The Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler stated staff and Planning Commission recommend approval. DANTE SELVAGGI, 1125 E. Division, was present and inquired about the drainage situation on Fig Court. City Engineer Hoffland stated this specific plan addresses the problem of rights -of -way for Fig Court and the alternatives to different developments, it is presumed a drian would be put underground, but this proceeding tonight does not authorize construction of any of the work. Mr. Selvaggi stated there has been recent flooding in the area. ALEX COSTA, 1315 Division Street, was present and asked if when Fig Court is upgraded, will the drainage be affected. Mr. Hoffland stated Mr. Costa's property is so low that even when the drain is installed he will still have some flood damage. Mr. Hoffland stated the plan would give the size of the drain to be installed behind Mr. Costa's property; the construction of this project has not been authorized. MAYOR MORGAN suggested ponding the waters east of Palm in the event of future rains. No one else was present in this regard. Moved by Waters, seconded by Camacho, the public hearing be closed and the specific plan for Fig Court west of Gilbert Lane, SP-1-79 be approved and all stipulations of staff be adhered to. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE from Density 15 to Density 10 the properties bounded by 20th Street, "L" Avenue, 21st Street, and the north -south alley in the block between Highland Avenue and "I" Avenue, ZC-16-78 (this is a follow-up to GP-3-78; the area contains 32 parcels, 2,6/79 91 24 containing single-family dwellings, 5 containing two dwelling units, and 3 containing multiple dwelling units; the current zoning could allow a maximum yield of 25 multiple dwelling units; the proposed change would prevent any additional dwelling units within this area; the Planning Commission recommended approval) was held at this time. City Clerk Campbell reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler stated this change would bring the zoning map into compliance with the General Plan which was changed by Council a few months ago. No one was present in this regard. Moved by Van Deventer, seconded by Camacho, the public hearing be closed and move in favor of the Planning Commission's recommendations. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE to rezone from CBD to RT the properties at 824-32 E. 28th Street, and 2306, 2816, 2824-26, 2828-40 "I" Avenue, ZC-1-79 (this is a follow-up to GP-3-73; the area of change includes five parcels, one with multiple dwelling units, two with single- family dwelling units and two with two dwelling units; the combining zone with limit all new construction to a maximum of one dwelling unit per lot) was held at this time. City Clerk Campbell reported the Affidavit of Mailing and Certificate of Publication were on file. Plan. Dir. Gerschler stated the Planning Commission recommended approval. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing be closed and the proposed zone change and that the Planning Commission's recommendation of rezoning the subject area be approved. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Waters, seconded by Van Deventer, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,973, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Water main and fire hydrant 1911 Act - 19th & Granger, Keith V. McDanile and Bob H. Bouchell)." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,973 be adopted. Carried by unanimous vote. Resolution No. 12,974, "RESOLUTION GRANTING A PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (No. PD-121, to allow development of a one- story, one -bedroom duplex at rear of 1319 "IV, Avenue)." Moved by Dalla, seconded by Van Deventer, Resolution No. 12,974 be adopted. Carried by unanimous vote. Resolution No. 12,975, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed from Vera M. Dudley, 19th Street)." Moved by Waters, seconded by Dalla, Resolution No. 12,975 be adopted. Carried by unanimous vote. Resolution No. 12,976, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (19th Street)." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,976 be adopted. Carried by unanimous vote. Resolution No. 12,977, "RESOLUTION URGING THE STATE OF CALIFORNIA DEPART- MENT OF INSURANCE TO MAINTAIN AN EQUITABLE SYSTEM OF TERRITORIAL RATING BY AUTOMOBILE INSURERS AND OPPOSING THE CREATION OF ONE STATEWIDE RATE. " Moved by Waters, seconded by Van Deventer, Resolution No. 12,977 be adopted. Carried by unanimous vote. Resolution No. 12,978, "RESOLUTION OF AWARD OF CONTRACT (Alley between 2nd Street to 3rd Street and "D" Avenue to "E" Avenue, Assessment District No. 197)." Moved by Waters, seconded by Dalla, Resolution No. 12,978 be adopted. Carried by unanimous vote. Resolution No. 12,979, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO IMPROVE ALLEY, DISTRICT 197." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,979 be adopted. Carried by unanimous vote. 2/6/79 92 ORDINANCES FOR ADOPTION (second reading) Moved by Dalla, seconded by Van Deventer, these Ordinances for adoption be read by title only. Carried by unanimous vote. Ordinance No. 1663 (1/2a/79-I), "AN ORDINANCE OF THE CITY OF NATIONAL CITY REPEALING CHAPTER 16.24 OF THE MUNICIPAL CODE "FLOODWAY (-FW) AND FLOODPLAIN (-FP) ZONES"; ADDING A NEW CHAPTER 13.24 TO THE MUNICIPAL CODE "FLOODWAY (-FW), FLOODWAY FRINGE (-FF-1), AND FLOODWAY FRINGE -SHALLOW FLOODING (-FF-2) ZONES; AND AMENDING THE NATIONAL CITY ZONING MAP 1 BY ADDING AND REVISING FW, FF-1 AND FF-2 ZONE BOUNDARIES." Moved by Dalla, seconded by Van Deventer, Ordinance No. 1663 (1/2a/79-I) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Ordinance No. 1664 (1/2a/79-2), "AN ORDINANCE PURSUANT TO LAND USE CODE OF TIRE CITY OF NATIONAL CITY, CALIFORNIA (ZC-30-78, to prezone property at 3110 Sweetwater Road [Assessor's Parcels 564-300-10 and 564-320-20] to RS-2-PUD-D-10 [Single Family Residence -Planned Unit Development - Density 10])." Moved by Van Deventer, seconded by Waters, Ordinance No. 1664 (1/2a/79-2) be adopted. Carried by unanimous vote. Ordinance No. 1665 (1/2a/79-3), "AN ORDINANCE AMENDING CHAPTER 1.20 OF THE NATIONAL CITY MUNICIPAL CODE AND ORDINANCE NO. 1621 PERTAINING TO GENERAL PENALTY." Moved by Dalla, seconded by Waters, Ordinance No. 1665 (I/23/79-3) be adopted. Carried by unanimous vote. COUNCIL REFERRALS AMERICAN LITTLE LEAGUE'S request for funds (according to their president Mark Martinez, they inherited over $6,000 worth of outstanding bills when they took over the League in the middle of last season; they have reduced this amount to $1,700; a special committee has been set up for fund raising activities; Mr. Martinez indicated that the League would use any money donated to it by the City to help reduce the $1,700 they owe) was presented. Asst. City Manager McCabe stated that they have received some information from the American Little League; it is not a budgeted item and if the City determines that the request should be honored, it would have to come from the City's Unappropriated Reserve Funds. There was discussion relative to additional information regarding their budgets. Moved by Van Deventer, seconded by Waters, this be held over for a report from the City Manager. Asst. City Manager McCabe stated he will contact the American Little League and determine their present and last year's budget. Carried by unanimous vote. SAN DIEGO SYMPHONY ORCHESTRA'S request for funds (during the summer of 1977 the San Diego Symphony held a concert in Kimball Bowl; the current request is for concerts at Southwestern College and would involve a cost of $4,000 in direct City aid to the program) was presented. Moved by Waters, seconded by Van Deventer, this request be denied. Discussion. Motion carried by unanimous vote. Moved by Van Deventer, seconded by Camacho, the Asst. City Manager get all the information and has it well worked out between now and budget time on setting up a program in our own Bowl here in National City and refer it to the Finance Committee. Carried by unanimous vote. NEW BUSINESS The City Treasurer/ Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 29 dated January 30, 1979, in the amount of $400,805,25 (Warrants Nos. 63965 through 64046) and PAYROLL for the period ending January 15, 1979 in the amount of $171,414.01; and WARRANT REGISTER NO. 30 dated February 6, 1979, in the amount of $121,361.34 (Warrants Nos. 64047 through 64123) was presented. Moved by Waters, seconded by Van Deventer, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. 2/6/79 93 The CLAIM FOR DAMAGES of Rodolfo Robledo, Jr. alleging false arrest on January 14, 1979, was presented. Moved by Van Deventer, seconded by Dalla, this be denied and referred to the City Attorney. Carried by unanimous vote. "MEALS -ON -WHEELS" ADVISORY BOARD'S request for waiver of building rental and other use fees (the Board has reserved the Kimball Community Building March 16 to hold a luncheon to raise funds and publicize the program; the activity qualifies as a Category II Use under the recently revised Council guidelines; therefore all rental fees are automatically waived and no custodial charges will be made as the luncheon will be held during the custodian's regular working hours; however, a minimum charge would be made for utilities unless waived by Council; staff recommends the utility charge, a direct cost to the City, be paid in the amount of $10.60) was presented. Moved by Van Deventer, seconded by Camacho, approving this request. Carried by unanimous vote. NATIONAL CITY PONY LEAGUE'S request to serve alcoholic beverages in the Kimball Community Building (the event will be the annual Kick-off Dinner to be held Saturday, March 3 between the hours of 6:00 p.m. and 11:00 p.m.; staff recommends approval subject to the following conditions: [1] liability and property damage insurance, $100,000-$3000,000; [2] alcoholic beverage control permit; [3] security arrangements approved by the Acting Police Chief) was presented. Mo ad by Camacho, seconded by Dalla, in favor of this recommendation. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters. Nays: None. Abstain: Van Deventer, Morgan. City Engineer Hoffland's 1911-1931 ACT REPORT, HARDING AVENUE, from 20th to 21st and 21st Street from Harding to Wilson Avenue (Council is in the process of vacating portions of Harding and 21st Street and has accepted "Covenants Running with the Land" not to protest a 1911-1931 Act from 59% of the private adjacent property owners; City's share of project cost would be approximately $24,000 payable in Fiscal Year 1979-80; because of unknown budgetary needs for FY 1979-80, staff makes no recommendation) was presented. City Engineer Hoffland stated this was a staff -initiated street vacation; the property owners will apparently go along with a 1911 Act, the question now is of timing. Discussion. Moved by Morgan, seconded by Waters, we approve this and authorize the City Engineer to go ahead and prepare plans for this 1911 Act. Councilman Dalla stated with a cost of $24,000 it should be deferred until budget time before proceeding. Asst. City Manager McCabe stated that it would be payable in 1979-80; this would be put into the on -coming budget under GIP Projects. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Councilman Waters requested a list of the names and addresses of people involved in this project. City Manager Gill's report on ISLAND ANNEXATIONS status (presently, four annexations are in process; it is recommended that Council request the staff of the Local Agency Formation Commission to continue to proceed with processing annexation areas 1 and 4 and to have these presented to the full Commission for approval) was presented. Asst. City Manager McCabe stated LAFCO had contacted the City and informed us that the "Island Annexations" operation expires January 1, 1981; there are two annexations that were initiated by Council and should go forward; staff would request that we inform them that these two projects continue (Area 1, south of 31st Street, east of National; Area 4, south side of Paradise Valley Road). Moved by Camacho, seconded by Waters, in favor of the City Manager's recommendation. Discussion. Carried by unanimous vote. The application for OFF -SALE BEER AND WINE LICENSE, Type 20, person transfer for Garth and Marcile Brunson, dba THE SOUTHLAND CORPORATION, 2400 Highland Avenue was presented. Moved by Waters, seconded by Camacho, in favor of the liquor license application, Type 20 from Mr. and Mrs. Brunson. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. 2/6/79 94 The application for ON -SALE BEER AND WINE EATING PLACE, TYPE 41, LICENSE, from Carolina and Pepito Aure, dba CAROL'S RESTAURANT, 1479 Plaza Blvd., was presented. Moved by Dalla, seconded by Camacho, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION. Item 26, Planning Commission Resolution No. 10-79, denying application for zone variance to allow a reduction in the number of required off- street parking sites from 12 spaces to 6 spaces in conjunction with the conversion of an existing residential structure to an office building at 205 National City Boulevard, Z-20-79, was presented. City Clerk Campbell reported an appeal was filed in this case. Moved by Van Deventer, seconded by Camacho, to set March 6th as date for hearing. Carried by unanimous vote. Item 27, Planning Commission Resolution No. 11-79, approving an applica- tion for conditional use permit to allow a head start child development center at 142 E. 16th Street, CUP 1979-2. Ordered filed by unanimous vote. STREET TREE AND PARKWAY COMMITTEE Recommendations from the Street Tree & Parkway Committee's regular meeting of January 18, 1979 (remove a Bottle Tree in front of Verl D. Mason's property at 1107 "B" Avenue; no replacement is recommended due to adequate trees fronting site) was presented. Moved by Waters, seconded by Camacho, the Street Tree and Parkway Committee's recommend- ation be approved. Carried by unanimous vote. TRAFFIC SAFETY COMMITTEE Recommendations from the Traffic Safety Committee's regular meeting of January 10, 1979 (ri] that 9th Street be made one-way westbound between "V" Avenue and Paradise Drive; r2] that an additional 70 feet of bus - loading zone be designated at the southeast corner of 8th and Roosevelt) was presented. Moved by Morgan, seconded by Camacho, for approval. Carried by unanimous vote. CITY MANAGER Asst. City Manager McCabe teported the Real Estate Committee should meet and suggested Tuesday, February 13th at 6:00 p.m. Vice Mayor Camacho called the meeting for that time. CITY ATTORNEY City Attorney McLean recommended a suit be filed at 2124 Lanoitan Avenue to force compliance with the City's Building Code. Moved by Waters, seconded by Camacho, in favor of that. Carried by unanimous vote. City Attorney McLean also recommended suit be pursued to evict tenants at 2317 Orange Avenue (City -owned p ro ert oved by Van De seconded by Dalla, in favor of CitAttorne!'sMre ommendationVeriter, Carried by unanimous vote. City Attorney McLean stated he had reported to Council on a meeting with the operators of Scrap Disposal in regard to compliance with City law; unless Council instructs to the contrary, he would propose to ask the City Manager to write a letter to the operators of Scrap Disposal stating the staff's agreement to the time table set forth in their letter of February 6, 1979 for compliance, with the understanding that the City's enforcement efforts on public streets would continue. Moved by Van Deventer, seconded by Dalla, in favor of City Attorney's recommendation. Carried by unanimous vote. Councilman Van Deventer stated numerous 2/6/79 95 complaints have been made about parking on the west side of Cleveland; one thing Scrap Disposal should try to obtain is off-street parking so that area can be red -curbed in front of their property so that trucks coming down there are not interfering with the traffic on Cleveland Avenue. Mayor Morgan directed Asst. City Manager McCabe to bring this before the Traffic Safety Committee. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL COUNCILMAN VAN DEVENTER stated he has been told the new roof on the Fire Station has numerous leaks and would like this looked into. MAYOR MORGAN stated he has received complaints from people within the City who are roofers that they did not receive notification of this roof job; we should make sure that the people who pay a license in town have a chance to bid. Asst. City Manager McCabe stated he would report to Council on this matter. VICE MAYOR CAMACHO read a letter received from the District Attorney's office commending the National City Police Department and Acting Police Chief Reed. Mayor Morgan directed Asst. City Manager McCabe to write a letter on behalf of Council in appreciation for this letter. CITY COUNCIL The "NOISE ORDINANCE TASK FORCE'S" report on proposed noise ordinance (the task force believes this ordinance is the most efficient approach to noise control within the City and that it will hold personnel and equipment costs to a minimum; however, the ordinance is not self- executing, it will require an enforcement program; the ordinance is based upon a model ordinance prepared by the State Office of Noise Control; with the assistance of a local "noise expert" it has been tailored to National City needs; it consolidates and amends the fragmented noise control measures now located in various parts of the Municipal Code; the task force recommends this matter be scheduled for a future Council meeting) was presented. BERNARD TRAGER, 516 E. 24th Street, was present and discussed the proposed noise ordinance and the need for such an ordinance. Asst. City Manager McCabe stated they agreed with Mr. Trager's comments; Council assigned a task force to study this problem; the main bulk of the work was handled by the Planning Department; a presentation was included in Council's Agenda book; they request a future meeting date where presentation can be made regarding the machinery used and cost factors relative to such a procedure. Moved by Morgan, seconded by Camacho, we approve the Manager's recommendation with authorization to set up a special meeting on it. Carried by unanimous vote. Moved by Camacho, seconded by Van Deventer, we adjourn to executive session tomorrow morning at 9:00 a.m. Carried by unanimous vote. The meeting adjourned at 8:38 p.m. CITY CLERK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council on Feb. 20, 1979„ EZ(7 No corrections i°' M WOR CITY OF NATIONAL CITY, CALIFORNIA 2/6/79