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HomeMy WebLinkAbout1979 05-08 CC MIN166 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 8, 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 the Rev. Dale Barizo, Filipino -American Seventh Day Adventist Church. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "NATIONAL NURSING HOME WEEK," May 13-19, 1979. Moved by Waters, seconded by Camacho, in favor of the proclamation. Carried by unanimous vote. Mayor Morgan presented the proclamation to ED CHENEWETH, nursing home operator. PUBLIC ORAL COMMUNICATIONS LOUIS STRAHAN, was present regarding fill dirt on 30th Street; saying he has spoken to several members of Council regarding the continuing problems; there is a sign stating "fill dirt" and trucks are shoveling it in causing a severe dust problem; there is also a trash problem. City Engineer Hoffland stated staff has told them they will have to shut down their import operation; they need to get water on the site and compact the material that's there; they are working on that problem. ALFRED HLAWATSCH, 1239 E. 30th Street, was present regarding the same problem on 30th Street; and said they were informed by the City Engineer that they wouldn't have to worry about it; that everything would be taken care of; however, that has not happened; he has not seen any enforcement. THOMAS HARKINS, 4376 Polk Avenue, San Diego, was present to request an appeal hearing for a taxi permit; there have been important develop- ments during the last week in the taxi industry; in view of these events, he feeis there should be another hearing. Moved by Waters, seconded by Dalla, in favor of Mr. Harkin's request. Discussion. Motion failed, by the following vote, to -wit: Ayes: Dalla, Waters. Nays: Camacho, Van Deventer, Morgan. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions and Ordinances brought before this Council be by title only. Carried by unanimous vote. Resolution No. 13,039, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, COVERING PARTICIPATION IN THE WIDENING OF DIVISION STREET." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,039 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (first reading) (See page 166, paragraph no. 7) Ordinance No. 5/8/79-1, "An Ordinance pursuant to Land Use Code of the City of National City, California (ZC-6-79, to add PD [Planned Development] Combining Zone to all RM-1 [Residential Multiple] Zoned Properties in National City as shown on National City Zoning Map No. 1)." 5/8/79 167 ORDINANCES FOR ADOPTION (second reading) (See page 166, paragraph no. 7) Ordinance No. 1680 (3///49-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-17-78, to rezone from RM-1-D-30 to RS-2-D-10 those properties in the area bounded by 16th Street, 1-805, 18th Street, and Palm Avenue, as follows: 1828 through 1928 E. 16th, 1604 through 1718 E. 16th, 1612 through 1714 E. 17th, and 1765 Palm Avenue." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1680 (g,4/;9-1) be adopted. Carried by unanimous vote. Ordinance No. 1681 (g/3/79-2), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-5-79, 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 3143 "F" Avenue [excluding the westerly 90' which is current- ly zoned RT and the vacant parcel adjoining the easterly side of 3109 "F" Avenue Assessor's Parcel No. 562..290-42])." Moved by Van Deventer, seconded by Dalla, Ordinance No. 1681 (;///79-3} be adopted. Carried by unanimous vote. Ordinance No. 1682 (3/l/79-3), "AN ORDINANCE ESTABLISHING A SPECIFIC PLAN FOR THE LOCATION OF STREET RIGHT-OF-WAY FOR EUCLID AVENUE FROM PLAZA BOULEVARD TO 22ND STREET." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1682 (0/79-3) be adopted. Carried by unanimous vote. OLD BUSINESS City Engineer Hoffland's recommendation to deny Encroachment Removal Agreement for signs advertising "Summer Set" subdivision in City streets (it has been the policy of the Engineering Department to discourage the placement of signs in public rights of way except for traffic control purposes such as parking prohibitions, stop signs, yield signs and hospital direction signs) was presented. Moved by Camacho, seconded by Waters, in favor of the Planning Commission recommendation to deny this. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 43, dated May 8, 1979, in the amount of $75,369.98 (Warrants Nos. 64849 through 64914) and PAYROLL for the period ending April 30, 1979, in the amount of $175,443.39 was presented. Moved by Waters, seconded by Camacho, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The CLAIM FOR DAMAGES from William Hawkins alleging false arrest and imprisonment was presented. Moved by Van Deventer, seconded by Camacho, this be denied and referred to the City Attorney. Carried by unanimous vote. Chamber of Commerce's request to hold a HOT AIR BALLOON EXHIBITION and waiver of fee (the Chamber of Commerce has requested authorization to sponsor a hot air balloon racing exhibition in National City on the morning of May 20, 1979; the proposed event will be on property located between West 22-24th Street and National City Blvd., Hoover Avenue; balloonists representing the Aerospace Museum and Hall of Fame Recovery Fund, Inc., will participate; some 2000 spectators are expected to attend; the event is free to the public and no funds will be solicited; a Temporary Use Permit for this event has been processed and approved by the Police, Fire, Planning, Finance, Community Development Commission and Park Department; staff recommends the request be granted subject to posting of a liability and property damage insurance certificate in the amount of $1 million naming the Community Development Commission and the City of National City as additional insured; this is a non-profit event of community -Wide interest and, therefore, staff recommends that the $100 TUP fee be waived; the agreements made with the Chamber of Commerce and Brig. General Thomas Knoles representing the Aerospace Museum are detailed 5/8/79 168 on Document No. 63306 on file in the office of the City Clerk) was presented. Moved by Van Deventer, seconded by Camacho, in favor. GEORGE WEBSTER, Mgr., Chamber of Commerce, was present and assured Council the City would have an insurance policy in the amount of $1 million. Carried by unanimous vote. National City Lions' Club's request to hold JULY 4TH INDEPENDENCE DAY CELEBRATION, including fireworks display and beer sales, at Kimball Park (This is an annual event which includes a fireworks display scheduled for 10:30 p.m. on July 4th; a Temporary Use Permit for this event has been processed and approved by the Police, Fire, Park, Public Works' Finance, Planning and Building and Housing Department; staff recommends the request be granted; this event is of special interest and concern to the community; therefore staff recommends that the TUP fee of $100 be waived) was presented. Moved by Van Deventer, seconded by Dalla, in favor. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. City Engineer Hoffland's recommendation to initiate ALLEY VACATION in BLOCK 109, National City, Map 3 (at the Council meeting of 5/1/79, it was noted that a house encroaches into the alley bounded by 19th, 20th, Harding and Coolidge; the alley has never been improved and at least one house has encroached across the alley for many years; it is recommended Council initiate the alley vacation procedures for the alley in Block 109) was presented. Moved by Waters, seconded by Camacho, in favor of the City Engineer's recommendation. Carried by unanimous vote. The Philippine National Day Committee's request to hold a CULTURAL FIESTA in Kimball Park (the proposed FIESTA picnic would be held between the hours of 7:00 a.m. through 7:00 p.m., Saturday, June 23, 1979; the event is open to the public and no admission charges will be collected; some 200 persons are expected to attend of which 75-80% will be National City residents; staff has been assured that the event is cultural in nature and non-policital; the time and date requested does not conflict with scheduled recreation activities; a Temporary Use Permit for this event has been processed and approved by the Police, Fire, Planning, Finance Departments and the San Diego County Department of Public Health, Recreation Division, Park Division; staff recommends approval and waiver of the $100 fee) was presented. ROSIE BONYON, 2526 E. First Street, was present and assured Council mostly National City residents will be attending. Moved by Camacho, seconded by Van Deventer, in favor of this request. Carried by unanimous vote. OTHER BUSINESS PLANNING The proposed "PARADISE VALLEY AVENUE ANNEXATION" to the City of National City (the proposed annexation consists of 29.6 acres located on the south- erly side of Paradise Valley Road easterly of the intersection of 8th Street and Plaza Blvd.; it was initiated by Council action of 8/8/78 in response to a LAFCO request for cities to take advantage of the stream- lined "island" annexation provisions of the Municipal Organization Act of 1977 [MORGA]; LAFCO advises that it does not qualify under "MORGA" and that, "in the absence of development plans and greater property owner support, approval of the proposal to the LAFCO Commission would not be recommended"; staff concurs with LAFCO staff recommendation) was presented. Mayor Morgan stated he would like Council to refer this to the Mayor who will write a letter to the Chairman of LAFCO. Moved by Camacho, seconded by Van Deventer, so moved. Carried by unanimous vote. TRAFFIC SAFETY COMMITTEE Recommendations from the special meeting of the TRAFFIC SAFETY COMMITTEE April 18, 1979, were presented: (1) restore two-way traffic on 12th Street between Palm Avenue and "R" Avenue; prohibit westbound traffic from turning left onto Palm Avenue; install painted island and proper signs as shown on Document No. 63313 (2) provide 30 minutes parking, 5/8/79 169 green curb, for three parking spaces on the south curb of 14th, immediat- ly east of Cleveland Avenue. Moved by Camacho, seconded by Van Deventer, the Traffic Safety Committee's recommendations be approved. Discussion. City Engineer Hoffland stated Item 1 is currently one-way, eastbound; making this two-way was at the request of one of the property owners; it was observed there was a lot of two-way traffic on the street; it has been reviewed from a traffic safety standpoint and they feel that this is satisfactory. Councilman Dalla asked if the people in the area were notified about possibly losing one parking space on the north side. City Engineer Hoffland stated contact had not been made with people in the area other than the applicant. Councilman Dalla suggested communicating with the people before an island is put in and things change around. Discussion. Moved by Camacho, seconded by Van Deventer, the motion be amended to eliminate number one item and approve the one on 14th Street and Cleveland. Carried by unanimous vote. CITY MANAGER CITY MANAGER MCCABE reported that the County Office of Intergovernmental Affairs contacted staff; the Board of Supervisors adopted a vehicle fueling regulation system for odd/even license numbers; the City will be a distribution point for the required regulations to be picked up by the citizens and businessmen of the City; the number of the Office of Inter- governmental Affairs is 236-3800; they are receiving about 75 calls an hour requesting procedures on how it will work. CITY ATTORNEY CITY ATTORNEY MCLEAN stated he handed Council a report that indicates that a City employee, John Winkleman, expressed his intention to attempt to disqualify him from representing the City of National City in the matter relating to his suit against another City employee; and also his tentative intention to sue him personally, as City Attorney, on some basis that he doesn't understand concerning his action for defamation; if these circumstances occur, he will be asking Council for authority to employ a law firm to represent the City in this matter; this matter will come before Judge Butler tomorrow. OTHER STAFF - No report. MAYOR Moved by Morgan, seconded by Van Deventer, we refer the landscaping of single family homes, 2-3 unit apartments to the Planning Department for a report. Carried by unanimous vote. CITY COUNCIL COUNCILMAN DALLA referred to recent newspaper accounts regarding the sale of a small piece of City property which have, in this opinion, cast a dark cloud over the Council as a body and its members as individuals; he has responded by way of a letter to the publisher of the Star -News which he would like entered into the record by reference. COUNCILMAN WATERS asked how the Planning Department was doing on their study of open space requirements in the City. Planning Director Gerschler stated they are preparing a report which had been promised within 90 days. Councilman Waters questioned whether the City could wait 90 days. City Attorney McLean stated Council could adopt an Urgency Ordinance declaring a moratorium on selected types of projects. Discussion. Moved by Waters, in favor of a moratorium for 90 days. Motion died for lack of second. Mayor Morgan requested an up-to-date report on this matter next week. 5/8/79 170 Mayor Morgan called an Executive Session on personnel matters at 8:10 p .m Council reconvened at 9:00 p.m. Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Moved by Camacho, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:01 p.m. CITY CLER CITY" OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California on May 15, 1979. Corrections No corrections Y CITY OF NATIONAL CITY, CALIFORNIA 5/8/79