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HomeMy WebLinkAbout1979 05-01 CC MIN159 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 1, 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 INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by Chaplain Alan Sackett, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalla, the minutes of the regular" meeting of April 24. 1979, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "PARADISE VALLEY HOSPITAL WEEK," May 6-12, 1979. Moved by Camacho, seconded by Van Deventer, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Mr. Henry Freisen, Administra- tor, Paradise Valley Hospital who invited all citizens to attend the Hospital's Open House during their 75th Anniversary celebration. At the direction of Council City Attorney McLean read in full the follow- ing resolutions: Resolution No. 13,031, "RESOLUTION COMMENDING A CITIZEN'S ACTIONS (Pasterick)." Moved by Dalla, seconded by Van Deventer, Resolution No: x13,031 be adopted. Carried by unanimous vote, Resolution No. 13,032, "RESOLUTION COMMENDING GOOD CITIZENSHIP (Ledbetter; Sewell, Perez)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,032 be adopted. Carried by unanimous vote. Mayor Morgan and Chief of Police Hart presented Mr. John Robert Pasterick a Certificate of Appreciation on behalf of Council for his brave actions in coming to the aid of a female victim under criminal attack on April 14. Mayor Morgan and Chief of Police Hart presented Pat Ledbetter, Scott Sewell and Mark Perez with Certificates of Appreciation on behalf of Council for their actions of April 19 when they prevented a potential residential burglary and praised them for their actions. SCHEQJLED PRESENTATIONS SCOTT GREEN, CPO representative, was present and made a presentation on crime statistics in San Diecc, County, 1977 which showed the final disposition of all felonies where an arrest was made. Discussion PUBLIC ORAL COMMUNICATIONS HOSEA WOOD/My 1019 Olive Avenue, National City Little League, was present and asked Council's consideration of payment for the topsoil they have had placed on the field; they purchased soil and smoothed out the holes themselves; they request the Park and Recreation Department to smooth out the area; the total cost for the soil was $181.00; they also 5/1/79 160 requested Park and Recreation build a pitcher's mound. seconded by Van Deventer, this be referred to the City back a report. Carried by unanimous vote. PUBLIC HEARING Moved by Morgan, Manager to bring The HEARING on request of Thomas P. Harkins fox a TAXICAB PERMIT to operate in National City (Ord. 1165 places the burden of proof as to the public convenience and necessity for the operation of taxicabs in the City solely with the applicant; there exists one cab for each 604 residents; a check of other cities reveals that the City has the highest ratio of taxicabs to population) was held at this time. CITY MANAGER MCCABE said he presented Council a report on this matter which indicates there is no specific criteria for establishing the number of cabs within the City; applicant must prove a public need and necessity. THOMAS HARKINS, 4376 Polk Avenue, the applicant, was present and stated he distributed a resume to Council (Document No. 63254) on his background; he and his son are the company; as to convenience and necessity, this has been tried all over the country with a ratio method, this doesn't wash when you consider the existence of the Navy; he has people ask him to pick them up in National City; and, the hailing situation in which he must pass people up; the area has grown sufficiently to support one more taxicab; the business is there and he would like to be given the opportunity to go after it. Mayor Morgan stated the 32nd Street Naval Station is in the City of San Diego; Mr. Harkins stated it is a federal reservation and beyond any municipal boundaries. Mayor Morgan stated if his license is only for the county of San Diego, he can't pick up at the Naval Station because it is the City of San Diego; Mr. Harkins dis- agreed. City Attorney McLean stated past of the Naval Station is in the City of San Diego; the fact that it is a federal reservation doesn't affect the fact that it also lies within the city's limits. GLORIA FOUNTAIN, General Manager, Diamond Cab Company, was present and spoke in opposition to this permit; there are plenty of cabs for the citizens of the City. RAYMOND LE DUKE, former cab driver, was present and spoke on behalf of the permit for Mr. Harkins and also stated that he had been shot while a cab driver in the City and thanked the Police Department and the Paradise Valley Hospital for the fine job they did for him. Discussion. In answer to a question, City Manager McCabe said he couldn't recall receiving a major complaint regarding Diamond Cab Company in the past two -three years. THOMAS HARKINS said the population of the City must also include the Naval Station; he believed in open -entry; if you have more cabs, more people use them; he is offered work every day; the present company has an edge which no other individual can enjoy; the company can rest on their laurels and are in a superior bargaining position in terms of employment because they are insulated from com- petition and free -enterprise; Council is denying this to him; its hard to buck this wall. Mayor Morgan stated complaints had been received in the past and Council had to establish a policy. Discussion. Moved by Camacho, seconded by Van Deventer, the public hearing be closed and this request be denied. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalla, Waters. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions and Ord- inances be.presented to Council by title only. Carried by unanimous vote. aet Resolution No. "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed from Anthony J. and Mary Drosi)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,028 be adopted. Carried by unanimous vote. Resolution No. 13,030, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (portion of 9th Street)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,030 be adopted. Carried by unanimous vote. 5/1/79 161 Resolution No. 13,031 (See page 159, paragraph 7.) Resolution No. 13,032 (See page 159, paragraph 8.) Resolution No. 13,033, "RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING THE BLOCK GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN -SPACE AND RECRSAIIEW I." Moved by Van Deventer, seconded by Camacho, Resolution No. 13 033 be ado ted. Carried by unanimous vote. Resolution No. 13,034, "VACATION OF THE WESTERLY ONE HALF OF "M" AVENUE BETWEEN 8TH STREET AND 9TH STREET." Camacho, Resolution Moved by Van Deventer, seconded by Ito.. 13,034 be ad pted. Carried, by the following vote, to -wit; Ayes: Camacho, Dalia, Van Deventer, Morgan. Nays: None, Abstain: Waters. Resolution No, 13,035, "RESOLUTION AMENDING RESOLUTION NO. 12,579 APPROV- ING TENTATIVE SUBDIVISION MAP FOR SHELL MANOR 1." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,035 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan, Nays; None. Abstain: Waters. Resolution No. 13,036, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA RATIFYING AND APPROVING A CLOSEOUT AGREEMENT FOR THE E.J. CHRISTMAN BUSINESS & INDUSTRIAL PARK I REDEVELOPMENT PROJECT, CALIF. R-127." Moved by Waters, seconded by Van Deventer, Resolution No. 13.036 be adopted, Carried by unanimous vote, Mayor Morgan thanked everyone concerned for their efforts on this most successful project; he detailed the actions taken by the City and Community Redevelopment in this behalf and stated he hoped the City could move ahead with similar projects which benefit the citizens. Resolution No. 13,037, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (2817 E. 16th Street - Hutchinson)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,037 be adopted. Carried by unanimous vote. Resolution No. 13,038, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT (Driveway in public right-of-way at 2817 E. 16th Street - Hutchinson)." Moved by Van Deventer, seconded by Waters, Resolution No. 13,038 be adopted. 'Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (first reading) (See page 160, paragraph no. 3.) Ordinance No. 5/1/79-1, "An Ordinance pursuant to Land Use Code of the City of National City, California (ZC-17-78, to rezone from RM- to RS-2-D-10 those properties in the area bounded by 16th Street,DT 805, 18th Street, and Palm Avenue, as follows: 1828 through 1948 E. 16th, 1604 through 1718 E. 16th, 1612 through 1714 E. 17th, and 1765 Palm Avenue)," Ordinance No. 5/1/79-2, "An Ordinance pursuant to Land Use Code of the City of National City, California (ZC-5-78, to rezone from CG [Commercial General] to RT [Residential Two Family] the following properties: On the south side of 30th Street - 670 through 696 inclusive; 3035 through A 3143 "F" venue [excluding y a14 the vacant parcelg the westerly 90' which is currently zoned RT] adjoining the easterly side of 3109 "F" Avenue [Assessor's Parcel No. 562 - 200_42]) ." Ordinance No. 5/1/79-3, "An Ordinance establishing a Specific Plan for the location of street right-of-way fox Euclid Avenue from Plaza Blvd. to 22nd Street." ORDINANCES FOR ADOPTION (second reading) (See page 160, paragraph no. 3.) 5/1/79 162 Ordinance No. 1679 (4/24/79-1), "AN ORDINANCE PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-7-79, to rezone from CL [Limited Commercial] to CBD-PD [Commercial Central Business District Planned Development] the property on the northerly side of Plaza Blvd., about 300' east of Harbison Avenue, having 414' of frontage on Plaza Boulevard, and depth of 112' [Assessor's Parcel No. 553-030-34, part])." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1679 (4/24/79-1) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalla, Waters. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 42, dated May 1, 1979, in the amount of $35,358.37 (Warrants Nos. 64786 through 64848) was presented. Moved by Dalla, seconded by Camacho, the demands be ratified. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The application for ON -SALE BEER, person transfer, Type 40 LICENSE, of MAGDALENA BAUTISTA PAIT, 819 National City Blvd., was presented. Moved by Camacho, seconded by Dalla, for approval of this application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. The application for ON -SALE BEER & WINE EATING PLACE, Type 41 LICENSE from Hannelore M. and Michael Geiger, dba THE VINEYARD, 1528 Sweetwater Road (this also permits sale of beer and wine for consumption off the premises where sold) was presented. Moved by Waters, seconded by Camacho, in favor of the Vineyard at 1528 Sweetwater Road. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Nays: None. Abstain: Morgan. The application for ON -SALE GENERAL EATING PLACE, person transfer, Type 47 LICENSE from Ellicea C. Murtagh, dba YOSHI'S PLACE, 841 National City Blvd. (this also permits sale of beer and wine only for consumption off the premises where sold) was presented. Moved by Van Deventer, seconded by Camacho, in favor. Caxried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. City Engineer Hoffland's recommendation to approve the DRIVEWAYS at 1819 E. Plaza Boulevard, WENDY'S RESTAURANT (Wendy's Restaurant has requested approval of a private street entrance in lieu of driveway and a driveway on the property line, a driveway in excess of 35 feet and a driveway in excess of 40% of frontage; the two access driveways have been especially designed to minimize congestion on Plaza Blvd., although they do require special Council approval) was presented. Moved by Waters, seconded by Dalla, in favor of the request of Wendy's Restaurant at 1819 East Plaza Blvd. Discussion re traffic exiting I-805 and left turns onto Plaza Blvd. City Engineer Hoffland said the curb will be set back ten feet and they are bonding to set the curb back to the yield sign on the ramp; there should be ample room to maneuver between the off -ramp and the private entrance; the only possible problem is the City may have to extend the widening past the next -door neighbor; for the time being this should be all right; this would not preclude problems in the future; if they experience accidents, they can restrict exiting to right turn only; if there is a problem, they can make a requirement at a later date. Carried by unanimous vote. City Engineer Hoffland's recommendation to approve DEFERRAL OF STREET IMPROVEMENTS adjacent to 3329 ORANGE AVENUE, Riddle (the property owner has an obligation under Ord. 1491 to install curbs, gutters, sidewalks, driveways and pavement adjacent to his frontage at 3329 Orange Avenue; there are no other concrete curbs, gutters, walks or driveways on this short section of Orange Ave.; this is the only home in National City on this side of the street so that improvement of the street is unlikely unless by 1911 Act; the property owner offers to sign a Covenant not to protest a 1911 Act for street purposes) was presented. Moved by Dalla, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. 5/1/79 163 City Engineer Hoffland's recommendation on the 1911 ACT PETITION and report on ALLEY, 20th to 21st Street between t/J41 and 94KT4 Avenue ( a petition has been received fir 1911 Act improvements; the petition re- presents 86% of the benefitted area and waives the Debt Limitation and Majority Proteest hearing; staff recommends accepting the petition and report and directing the Engineer to proceed) was presented. Moved by Dalla, seconded by Van Deventer, in favor of staff's recommendation. Carried by unanimous vote. OTHER BUSINESS PLANNING Planning Commission's recommendation on the proposed ZONE CHANGE to add PUD (Planned Unit Development) zoning to the RT (Residential Two Family) zoned property at 1504 E. 22nd Street, ZC-8-79 (staff recommends Council file this report without taking any further action unless appealed in writing as provided in the Government Code) was presented. Ordered filed by unanimous vote. Planning Department's report on CONDOMINIUM OPEN SPACE REQUIREMENTS (this report responds to Council's request for a study of condominium open space requirements; it contains a survey of other cities' requirements which shows that: [1] most cities have the same open space requirements for condos as apartments; [2] our open space requirements are about average or slightly below average of other cities; [3] some cities and the county have minimum private open space requirements which we do not; the report also contains an analysis of the South Scape Condo project at 1709 E. 16th which shows that it provides useable open space far in excess of Ord. minimums, but less than one-third of that space is designed for private or common recreation use; it draws a comparison with a conventional single family subdivision where more than one-half of the open space is designed for private use; staff recommends that the Planning Commission be instructed to initiate ordinance amendment procedures to revise the useable open space requirements of the Land Use Code and submit recommendation to Council regarding establishing new minimum requirements for private and common useable open space; increasing total per unit useable open space requirements by 50% to 100%) was presented. Moved by Waters, seconded by Van Deventer, this be sent to the Planning Commission and thank Mr. Gerschler for all his efforts. A study was requested on property setback of the buildings and design relating to single family residence next door to it (condominiums); this will possibly be a problem with the recreation areas. Planning Director Gerschler stated that will be looked at. There was further discussion. Carried by unanimous vote. Request for EXTENSION OF THE EXPIRATION DATES on the approved TENTATIVE SUBDIVISION MAPS for THE BONITA AFFAIR and PALM VIEW TERRACE condominium subdivisions (the tentative subdivision maps expire on June 20, 1979 and August 1, 1979; the engineer of work for both requests on behalf of the applicants a one year extension; this request would allow them to pursue the necessary financial arrangements; staff recommends approval) was presented. Moved by Waters, seconded by Dalla, in favor of Item No. 27, the tentative subdivision map for The Bonita Affair and Palm View Terrace condominium subdivision. A question was raised relative to giving an extension and then bringing in a new Ordinance which would change the rules and regulations on the type of units to be built. City Attorney McLean stated Council could reject the extension of the period of time and, if the proponents don't go ahead within the time, the new map would have to comply with whatever the law is at the time they do come in. Moved by Van Deventer, seconded by Camacho, to amend the motion to include the City Attorney's recommendation. City Attorney McLean stated if the proponents come in before the time runs out on the ten- tative map, the final map would have approval. Planning Director Gerschler stated the two plans would have to be substantially modified to come anywhere near the kinds of suggestions that have been talked of; they would probably have to be redesigned. Councilman Van Deventer stated his main concern was open space; if there is more open space 5/1/79 164 in these two subdivisions that have been built so fax he would be in favor of them. Moved by Van Deventer, seconded by Dalla, this be tabled until May 21st. Carried by unanimous vote. Plan. Dir. Gerschler stated the report Council received this evening regarding open space require- ments would mean that both of these projects would have to be redesigned if they did not come in within the time period. Resubmittal of the TENTATIVE SUBDIVISION MAP for MORNING BREEZE, south of 16th Street, west of Lanoitan Avenue, Gregorio (this subdivision map was approved by Council October 25, 1977; the applicant did not file a final map within the one year time limit and now must resubmit the tentative map for Council approval; the resubmitted tentative map is unchanged in design and layout from the previously approved one; staff and the Planning Commission recommend approval subject to 25 conditions) was presented. Moved by Waters, seconded by Van Deventer, in favor of the tentative subdivision map subject to 25 conditions. Carried by unanimous vote. Planning Commission's recommendation regarding the TENTATIVE SUBDIVISION MAP, southwest corner of 26th Street and "J41 Avenue, 2604-2610 "L", Ruben Frutos (at the meeting of the Planning Commission on April 23, 1979, they recommended that Council make a finding that the site for the subdivision was not physically suitable for the density of develop- ment proposed; the applicant has filed a written appeal requesting the map be referred back to Council for their consideration of a revised tentative map; staff recommends this be returned to the Planning Commission for revisions, as requested by the applicant) was presented. Moved by Camacho, seconded by Van Deventer, this be sent back to the Planning Commission for further recommendation and study. Carried by unanimous vote. PLANNING COMMISSION - NOTICES OF DECISION Item 30, Planning Commission Resolution No. 29-79, approving application for conditional use permit to allow an automotive tune-up shop, in the building previously used as "Gemco Auto Center" at 3009 Highland, CUP 1979-4; Item 31, Planning Commission Resolution No. 30-79, denying application for conditional use permit to allow a combination take-out, sit-down, sandwich shop and a game arcade at 740 National City Boulevard, CUP 1978-26; and, Item 32, Planning Commission Resolution No. 31-79, approving application for zone variance to allow a 3' wide enclosed addition to an existing porch that will encroach an additional 3' into the required front yard setback at 1128 E. 1st Street, Z-6-79, was presented. Ordered filed by unanimous vote. STREET TREE AND PARKWAY COMMITTEE Recommendations from the April 19, 1979 STREET TREE AND PARKWAY COMMITTEE removal: Mrs. R.J. Karash, 1317 E. 18th Street, remove one Sapote Fruit tree, subject to replacement with an approved street tree was presented. Moved by Waters, seconded by Camacho, it be approved and filed. Carried by unanimous vote. FINANCE DEPARTMENT The FINANCE DIRECTOR'S MONTHLY REPORTS, August 31, 1978 through March 31, 1979were presented. Moved by Waters, seconded by Van Deventer, this be filed and sent to the City Clerk. Carried by unanimous vote. CITY MANAGER CITY MANAGER MCCABE reported a request was received from the San Diego Convention and Visitors Bureau regarding a donation from transfer occupancy tax funds; he asked for direction and requested the City Manager's office be authorized to contact them and determine what their needs were to provide an indicator to Council. Moved by Camacho, seconded by Van Deventer, in favor of the City Manager's recommendation. Discussion. Moved by Van Deventer, seconded by Camacho, the motion be amended to file it. Amendment carried by unanimous vote. 5/1/79 165 CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Moved by Morgan, seconded by Waters, we authorize the City Engineer to check the alley at 302 W. 19th Street. Carried by unanimous vote. CITY COUNCIL VICE MAYOR CAMACHO spoke in reference to the problem of sales tax disposition in Sacramento, and requested the City Manager to keep on top of that at all times. COUNCILMAN WATERS asked if the City would plant a tree for citizens who pay for one. City Manager McCabe stated the City provides this service. Councilman Waters suggested having this done down National City Blvd. where businessmen have indicated their willingness to do this. Mayor Morgan stated this was a policy decision to do this and would welcome anyone volunteering to do so. Moved by Camacho, seconded by Dalla, the meeting be closed. The meeting closed at 9:17 p.m. CITY CLERK CI OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting of May 1979. 0 Corrections FiNo corrections CITY OF NATIONAL CITY, CALIFORNIA 5/1/79