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HomeMy WebLinkAbout1979 03-20 CC MINCJ' ` 126 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 20, 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, Van Deventer, Waters, Morgan. Absent: Dalla. Administrative officials present: Ballard, Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by the Rev. Hubert Campbell. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meetings of March 6 and 13, 1979, be approved. Carried by unanimous vote. Absent: Dalla. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, this Resolution be presented by title only. Carried by unanimous vote. Absent: Dalla. Resolution No. 13,008, "RESOLUTION AUTHORIZING EXECUTION OF _MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD OUTLINING POLICY FOR RAILROAD CROSSING PROTECTION ON THE PROPOSED S.D.M.T.D.B. LIGHT RAIL TRANSIT LINE." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,008 be adopted. Carried by unanimous vote. Absent: Dalla. ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Van Deventer, these Ordinances be presented by title only. Carried by unanimous vote. Absent: Dalla. Ordinance No. 3/20/79-1, "Prohibiting vandalism to public property; prohibiting the placement of litter in any public place; prohibiting certain other acts on City -owned public property, and providing penalties for the violation thereof." There was discussion relative to protecting property from graffiti and prohibiting sales of spray paint to minors. City Attorney McLean stated the Penal Code makes it a crime to engage in malicious mischief; the problem has not been with lack of law but simply it is very difficult to catch people. Mayor Morgan said he understands there is a State law that restricts the sale of spray paint to anyone under 18. City Attorney McLean stated he would check on this. Discussion in regard to laws that mandate the retailer keep the paint behind the counter. City Attorney McLean suggested Council check with the Chief of Police to find out if this would be a practical, useful and enforceable law and also get some reaction from the business community possibly through the Chamber of Commerce; what he has seen is that this is not a problem of not having a law to enforce but simply a problem of apprehending persons who break this law; secondly, if they are very young, the simple reality is the juvenile justice process does not place any meaningful penalties on people who do this sort of thing; if there's no punishment there's no deterrent; the City has no control over the juvenile justice system. Moved by Morgan, seconded by Van Deventer, we look into the possibility that they would set the spray cans back. It was suggested a study done through the Chamber of Commerce relative to this. BERNARD TRAGER, 516 E. 24th Street, Chairman, Park and Recreation 3/20/79 127 Advisory Board, was present and related to Council an incident that occurred in Las Palmas Park in which the Juvenile was apprehended but not suitably punished by the court. Carried by unanimous vote. Absent: Dalla. ORDINANCES FOR ADOPTION (second reading) (Motion to read by title -- see paragraph 7, page 126.) Ordinance No. 1673 (3/6/?9-3), "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING THE NATIONAL CITY MUNICIPAL CODE BY THE ADDITION OF CHAPTER 2.42 AND BY THE AMENDMENT OF CHAPTER 2.44 TO REVISE THE PROCEDURE FOR DISPOSAL OF SURPLUS CITY PROPERTY AND LOST AND UNCLAIMED PERSONAL PROPERTY." Moved by Camacho, seconded by Waters, Ordinance No. 1673 (3/6/?9-3) be adopted. Carried by unanimous vote. Absent: Dalla. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 36, dated March 20, 1979, in the amount of $95,013.85 (Warrants Nos. 64429 through 64493) was presented, Moved by Waters, seconded by Camacho, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None, Absent: Dalla, OTHER BUSINESS PLANNING The Planning Commission's report on disposition of CITY -OWNED PROPERTY located at 1-805 and Plaza Boulevard, Assessor's Parcels 557-430-1, 26, 33 and 557-440-56 (the City's Real. Estate Committee proposes the sale of the four adjoining parcels; they contain an area of about 2.1 acres; Section 65402 of the Government Code requires the Planning Commission td review and report as to the conformity of the proposed sale with the General Plan, prior to Council action; this property is now shown on the General Plan map for "Park" use; Appendix "B" to the text of the General Plan, "Suggested Neighborhood Park Facilities," suggests development as a "turf area for free play") was presented. Mayor Morgan stated he owns property in the area and doesn't want to become involved in this and will therefore not participate in discussion. Mayor Morgan stepped down and Vice Mayor Camacho presided. Plan. Dir. Gerschler stated staff recommends Council accept the report and file it and instruct the Planning Commission to initiate the necessary General Plan amendment. Moved by Waters, seconded by Van Deventer, we accept that report and we go through the proper procedures for a General Plan amendment. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters. Nays: None. Absent: Dalla, Morgan. (Mayor Morgan returned and presided.) PLANNING COMMISSION - NOTICES OF DECISION Item 11, Planning Commission Resolution No, 17-78, approving an applica- tion for CONDITIONAL USE PERMIT to allow the INTERIOR EXPANSION OF AN EXISTING COCKTAIL LOUNGE that will increase the floor area available for nightclub use and dancing at 999 National City Blvd., (CUP 1978-28); Item 12, Planning Commission Resolution No. 18-79, approving application for ZONE VARIANCE to allow OFF-STREET PARKING required in conjunction with a building addition at 132 W. 8th Street, to be located on property that is not contiguous to the property upon which the main building it serves is located, on property located at 822 Hoover Avenue, (Z-1-79); and, Item 13, Planning Commission Resolution No. 19-79, approving application for PLANNED DEVELOPMENT permit to allow development of a Wendy's Old - Fashioned Hamburgers restaurant with drive-thru facility on property within the 1800 block of Plaza Blvd., north side ('D-124). Ordered filed by unanimous vote. Absent: Dalla. 3/20/79 128 TRAFFIC SAFETY COMMITTEE Recommendations from the March 14, 1979, TRAFFIC SAFETY COMMITTEE'S regular meeting (1) on the circle drive, one-way street, beginning at Euclid and Seawind Drive, provide the following traffic control devices: fa] install two standard 10 MPH Curve Signs; [b] install a crosswalk at the gate to the children's play area with raised re- flectorized markers; [c] install "Stop Sign" at the crosswalk; [d] in- stall two "Slow" legends in the street at the curve signs with re- flectorized markers; (2) paint five feet of red curb on each of the driveways serving 905 E. 5th Street; (3) install standard "Handicapped" parking stall at 621 "J" Avenue; (4) approve the Traffic Engineering Speed Study with recommended speed zonings (as outlined on Document No. 63050 on file in the office of the City Clerk) was presented. Moved by Van Deventer, seconded by Camacho, in favor of Traffic Safety Committee's recommendations. Carried by unanimous vote. Absent: Dalla. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF CITY CLERK The Clerk's report on BID OPENING on March 14, 1979 for resealing ex- pansion joints in two SWIMMING POOLS, Las Palmas Park one bid only was received from Claude P. Williams, base bid, $17,871.00; additive bid, $6,771.00; Engineer's estimate unknown). was presented. City Engineer Hoffland stated if Council chose to proceed and authorize the execution of the contract, Council should include in the motion that the contractor comply with all the Equal Employment Opportunity requirements as outlined in the original contract and the award not be made if he can not certify that he can meet those requirements; staff finds nothing wrong with the bid or the contractor, it is just that the necessary forms were not returned with the bid. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation in awarding of bid with all conditions set by staff. Discussion. Carried by unanimous vote. Absent: Dalla, MAYOR The National City MILE OF CARS ASSOCIATION'S request for permission to place DIRECTIONAL SIGNS on the street right-of-way from 805 freeway to the Mile of Cars (they claim that upon seeing their sign on the free- way, travelers unfamiliar with the area find it difficult to find their way to the Mile of Cars; they propose to remedy this situation by placing directional signs on Plaza and National City Blvd.) was presented. Moved by Van Deventer, seconded by Waters, in favor of that as long as we have the final decision on the signs. Carried by unanimous vote. Absent: Dalla. CITY COUNCIL - No report. PUBLIC HEARINGS The CONTINUED HEARING on appeal of the Planning Commission's denial of proposed zone change to rezone from RS-2 to CG-PD the vacant parcel adjoining the NORTH SIDE OF THE NATIONAL GUARD ARMORY at 303 Palm Avenue, ZC-28-78, was presented. City Clerk Campbell reported the applicant requested this hearing be continued to June 19th. No one was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing on 303 Palm Avenue be continued to June 19th, 1979. Carried by unanimous vote. Absent: Dalla. 3/20/79 129 The HEARING to consider several amendments to the GENERAL PLAN (GP-1-79) was held at this time. City Clerk Campbell reported the Affidavit of Mailing and Certificate of Publication were on file. Asst. Plan. Dir. Gunnarson, was present and stated this is the first General Plan change for 1979, there are five parts to the change; he would present the changes one at a time and would suggest the hearing be kept open until Council has acted on all five items; if Council were to continue any one of the items, all of the items would have to be continued; they must be acted on as a package. Mr. Gunnarson said Item 1 was a recommendation by the Planning Commission to approve a change from "NEIGHBORHOOD COMMERCIAL" to "GENERAL COMMERCIAL" the property on the north side of Plaza Blvd. about 300' east of Harbison Avenue, having 414' of frontage on Plaza Blvd., and a depth of 112'. BOB WHITE, re- presenting American Building Arts, 2223 Avenida de la Playa, San Diego, was present, and stated American Building Arts intend to develop this piece of property that is currently split by a drainage channel to a compatible commercial use; he is in favor of this proposed zone change. No one else was present in this regard. Moved by Camacho, seconded by Van Devnter, this portion of the hearing be closed and all the Planning Commission's recommendations be adhered to. Discussion. Carried by unanimous vote. Absent: Dalla. Mr. Gunnarson said Item 2 was the Planning Commission's recommendation to approve a change from "RESIDENTIAL 6-10" to "GENEL,AL. COMMERCIAL" the properties on the east and west sides of "A" Avenue between Plaza Blvd. and llth Street, and on the east and west sides of "C" Avenue and on the west side of "D" Avenue between Plaza and 12th, but excluding 1102-04 "C" Avenue, and 1018 through 1130 "D" Avenue. DOMINIC PARADISE, was present and said he owns property on "A" Avenue next to the buildings that were moved off some years ago; at the time they were told there would be a three year lapse before the parking lot went in; aid asked when this thing will get started. ARNOLD PETERSON, Director CDC, was Fresent and stated this will go in in 1980. No one else was present in this regard. Moved by Camacho, seconded by Van Deventer, this portion of the hearing, Item 2, be closed and that all recommendations of the Planning Commission be adhered to. Carried by unanimous vote. Absent: Dalla. Mr. Gunnarson continued Item 3 was the Planning Commission's recommenda- tion to approve adding to the "HISTORIC SITES LIST" the First Christian Spiritualist Church at 1236 Coolidge Avenue, and the John W. Proctor House at 939 "A" Avenue. No one was present in this regard. Moved by Waters, seconded by Van Deventer, Item 3, approving adding to the "Historic Sites List" the First Christian Church at 1236 Coolidge Avenue and the John.W. Proctor House at 939 "A" Avenue be approved and all stipulations of staff be adhered to. Carried by unanimous vote. Absent: Dalla. Mr. Gunnarson said Item 4 was Planning Commission's recommendation approving a change from "RESIDENTIAL 1-5" to "RESIDENTIAL 6-10" the property at 3160 Sweetwater Road. No one was present in this regard. Moved by Van Deventer, seconded by Waters, this be approved and all conditions adhered to. Discussion. Carried by unanimous vote. Absent: Dalla. Mr. Gunnarson said Item 8 was the Planning Commission's recommended denial of a reduction in density from "RESIDENTIAL 31-40" the city block bounded by "G" Avenue, 24th Street, "F" Avenue, and a private east/west alley between "F" and "G", north of 24th Street. Mr. Gunnarson said a petition was submitted to the Planning Commission signed by all of the property owners within the block opposed to the change. LLOYD MARLOWE, 2320 "G" Avenue, was present and said he appreciated the recommendation of the Planning Commission. HECTOR RUIZ, 528 - 24th Street, was present and asked what the denial of density means saying he might want to build an additional house on his property in the future. Mr. Ruiz was advised that his property would remain zoned as it is,. No one else was present in this regard. Moved by Camacho, seconded by Van Deventer, this portion, Item 8, of our Agenda, and that all stipulations of the Planning Commission be adhered to. Carried by unanimous vote. Absent: Dalla. The HEARING on SPECIFIC PLAN for EUCLID AVENUE between Plaza Blvd. and 16th Street, SP-7-76 (the purpose of this specific plan is to establish the location and width of the proposed future right-of-way for Euclid Avenue from Plaza Blvd. to 16th Street; the Specific Plan would establish a proposed future street right-of-way 3/20/79 130 84' wide [64' driven] paved way, curbs, gutters and sidewalks on both sides of Euclid from Plaza to 16th; at this time the City is actively pursuing acquisition of rights -of -way and the funding for improvements along Euclid Avenue between Plaza and 16th; dedication of rights =f-way and improvements to Euclid Avenue would only happen when there was an overall improvement project in the area or if the property owners developed their properties to the extent they would come under the jurisdiction of Ord. 1491) was held at this time. City Clerk Campbell reported the Affidavit of Mailing and Certificate of Publication were on file. Plan. Dir. Gerschler stated this case required an Environmental Impact Report; the Planning Commission recommended the adoption of the Specific Plan. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing on Specific Plan for Euclid Avenue be approved and all Planning Commission's recommendations be adhered to. Carried by unanimous vote. Absent: Dalla. The HEARING to obtain the view of citizens and to respond to citizens proposals regarding a PROPOSED APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN INNOVATIVE GRANT (the Committee for Housing and Community Development recommended that the Council authorize an application to the U. S. Department of Housing and Urban Development for $900,000 for this program) was held at this time. City Clerk Campbell reported the Certificate of Publication was on file. ARNOLD PETERSON, Director, Community Development Commission, was present and stated this is not a legally required hearing but is an opportunity for persons within the community to comment or critize the proposed application; the application, if approved, would be approved by the Secretary of HUD under the special innovative program; the program would be of help to approximately 17 low income families within National City to allow them to own houses; the program would consist of the acquisition of houses and their rehabilitation and resale to families of low or moderate incomes; the total amount requested' in the appli- cation is $900,000. Council expressed its disappointment that more members of the community hadn't come forth to discuss this proposed application. Mr. Peterson said part of the problem is that people who would be affected by the program don't know about it; the beneficiaries of the program are not known at this time; a'notice of the proposed program had been published in Spanish in La Prensa and in English and in the National City Star News. Mr. Peterson stated the program money would be used to purchase and rehabilitate homes and resell them at the CDC's cost of acquisition and rehabilitation; and explained how a moderate income family would acquire housing under the proposed grant. Discussion. No one was present in this regard. Moved by Van Deventer, seconded by Camacho, the application to the U. S. Department of Housing & Urban Development for $900,000 be approved. Carried by unanimous vote. Absent: Dalla. The HEARING to obtain the views of citizens and to respond to citizen proposals regarding a PROPOSED APPLICATION TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN INNOVATIVE GRANT UNDER THE SMALL CITIES PROGRAM (the Committee for Housing and Community Development recommend that Council authorize an application to the U.S. Dept. of Housing and Urban Development for $450,000 Small Cities Grant for residential property improvement loans within the approved Housing Assistance Area and for public improvement and administrative costs in connection with such loans) was held at this time. City Clerk Campbell reported the Certificate of Publication was on file. ARNOLD PETERSON, Director, CDC, was present and stated this program is similar to the one applied for last year and approved by HUD, in essence a residential property improvement loan program with priority to owner - occupants, one to four units; the maximum loan, $15,003 on the residence portion; $7500 on the rental portion; they are asking that $360,000 be for actual loans; $50,000 for supporting public improvements required by the City Ordinances; $40,000 for administration; total, $450,000. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing on the Community Development Council Urban Development Loan be approved. Carried by unanimous vote. Absent: Dalla. 3/20/79 131 Moved by Camacho, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. Absent: Dalla. The meeting closed at 8:18 p.m. e CITY CLERK CITY OFf NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council on April 3, 1979. I --I Corrections I No Corre54ions CITY OF NATIONAL CITY, CALIFORNIA 3/20/79