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HomeMy WebLinkAbout1979 06-05 CC MIN181 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 5, 1979 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Vice Mayor Dallas ROLL CALL Council members present: Camacho, Dallas Van Deventer, Waters. Absent: Morgan. Administrative officials present: Ballard, Campbell, Gerschler, Hoffland, McCabe. 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. John Bontrager, Paradise Hills United Church of Christ. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meetings of May 15 and May 22, 1979, be approved. Carried by unanimous vote. Absent: Morgan. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "HONOR AMERICAN PERIOD," 21 days from Flag Day through Independence Day. Moved by Camacho, seconded by Van Deventer, for the adoption of this proclamation. Carried by unanimous vote. Absent: Morgan. ORAL COMMUNICATIONS THOMAS HARKINS, 4376 Polk Avenue, was present to request that the Council issue him a taxi permit. Mr. Harkins read a Channel 30 editorial proposing reciprocal taxi permits throughout the county. Mr. Harkins requested Council call a conference of the neighboring cities to re- examine, collectively, the municipal taxi ordinance with an eye toward making energy -saving changes and permitted free entry into the taxi industry for individual owner/operators. GERALD NEWPORT, 4444 Pacific Highway, San Diego, was present regarding taxi permits. Mr. Newport read Howard Jarvis editorial regarding buses and said taxis fill a need for public transportation, ALFRED HLAWATSCH, 905 E. 13th Street, was present and stated Theo Lamb instructed him to advise Council that he is now offering to buy both parcels of land between 24th and 22nd Streets; he offers to deliver $400,000 in cash within 48 hours, and to make a $50,000 non-refundable deposit to the City as earnest money to insure that he will build and invest sufficient money to satisfy the Council and Planning Department that the investment is appropriate and proper; he wishes to make an exclusively truck -oriented facility of a larger dimension that he had first anticipated; the pressure on him now is even greater, MR. HARKINS returned to the podium and requested action on his request. Discussion, No action taken. PUBLIC HEARINGS The HEARING on Resolution No 13,027 giving notice of intention to vacate and close a portion of the north side of l4th Street between Orange Street and Euclid Avenue, SC-2-79, (this street vacation is being processed to satisfy the requirements of one of the conditions stipulated by the Planning Commission as a condition of approval of tentative parcel map, north of 14th Street, west of Euclid Avenue, approved 10/9/78; the adjacent property owner proposed to acquire the area which is the subject 6/5/79 182 of this vacation; the acquisition of this property, when combined with the applicant's property will yield the lot necessary for development of a duplex on each of the existing two lots; staff and the Planning Commission recommend approval) was held at this time, City Clerk Campbell reported the Certificate of Publication and Affidavit of Posting were on file. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing on Resolution No. 13,027 be closed and the notice of intention to vacate and close a portion of the north side of 14th Street between Orange Street and Euclid Avenue be approved according to the Planning Department recommendation. Discussion. Carried by unanimous vote. Absent: Morgan. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions and Ordinances be presented by title only. Carried by unanimous vote. Absent: Morgan. Resolution No. 13,051, "RESOLUTION AUTHORIZING TOM G. MCCABE, CITY MANAGER, TO ENTER INTO AND SIGN AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA, CALIFORNIA STATE PERSONNEL BOARD, COOPERATIVE PERSONNEL SERVICES DIVISION FOR THE PURPOSE OF PERFORMING EXAMINING SERVICES FOR THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Van Deventer, Resolution No. 13.051 be adopted. Carried by unanimous vote. Absent: Morgan. Resolution No, 13,052, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON (Alley between 2nd Street to 3rd Street and "D" Avenue to "E" Avenue)," Moved by Van Deventer, seconded by Camacho, Resolution No. 13,052 be adopted. Carried by unanimous vote. Absent: Morgan. Resolution No. 13,053, "RESOLUTION APPROVING FINAL SUBDIVISIONMMAP FOR PALM VIEW TERRACE CONDOMINIUMS (940 Palm Avenue)," Moved by Camacho, seconded by Dalla, Resolution No. 13,053 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer. Nays: Waters. Absent: Morgan. ORDINANCES FOR INTRODUCTION (first reading) (See page 182, paragraph no. 2). Ordinance No. 6/5/79-1, "Amending provisions of the Land Use Code to allow administrative approval for additions of single family structures in single family residential zones (A-3-79)." Ordinance No. 6/5/79-2, "Amending Municipal Code regarding initiating of zoning, General Plan and specific plan amendments (a-5-79)." NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 46, dated May 29, 1979, in the amount of $23,763.36 (Warrants Nos. 65028 through 62103) and WARRANT REGISTER NO. 47, dated June 5, 1979, in the amount of $153,960.79 (Warrants Nos. 65104 through 65156) 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. Nays: None. Absent: Morgan. Vice Mayor Dalla requested Item 10, Liquor License application, be held over to the last item on the Agenda. Moved by Van Deventer, seconded by Waters, so moved. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters. Nays: None. Absent: Morgan. Abstain: Dalla. An application for OFF -SALE GENERAL LIQUOR LICENSE, person transfer, from Myrtle Marguerite Maguire, June Annette & Paul Mitchell and Eleanor Mignon Ross, dba HOWARD'S LIQUOR, 228 Highland Avenue was presented. 6/5/79 183' Moved by Waters, seconded by Camacho, this be approved, Item 9. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Nays: None. Abstain: Dalla. Absent: Morgan, Item 10 - see page 185 and paragraph no. 2. An APPLICATION FOR ON -SALE GENERAL, PUBLIC PREMISES, LIQUOR LICENSE from Evelyn M. Walters, dba THE DUCK POND, 3005 National City Blvd., person transfer, was presented. Moved by Van Deventer, seconded by Camacho, move in favor. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters. Nays: None. Abstain: Dalla. Absent: Morgan. MAAC Project-Pensar's request to hold a CHILD HEALTH AND NUTRITION AWARENESS FAIR (this request is part of the International Year of the Child celebration; the event is scheduled for 10:00 a.m. through 4:00 p.m. July 27, 1979 and will include food nutrition presentations and booth demonstrations; refreshments will be served and entertainment will be provided; some 300 children and parents are expected to attend; the current plan is to use the turfed area of Kimball Park just south of the Library; however, if that area of the park is affected by the construction of park development Phase II, another turfed area will be selected by staff; a Temporary Use Permit for this event has been processed by Police, Fire, Planning, Finance, Park and Recreation, Community Develop- ment and Building and Housing Departments; staff recommends this request be approved; as this is a public service event of benefit to the entire community, staff further recommends that the Temporary Use Permit fee in the amount of $100 be waived) was presented. Moved by Camacho, seconded by Van Deventer, this be approved. Carried by unanimous vote. Absent: Morgan, City Engineer Hoffland's recommendation to approve 40-FOOT WIDE PRIVATE STREET ENTRANCE to Southport Business Center, Collins Development Corporation (Collins Development Corporation requests approval of a private street entrance to the Southport Business Center from 24th Street; this private street has been shown on approved site plans, but is in excess of the usual driveway standards; staff recommends approval as this street entrance will better handle truck traffic than a con- ventional driveway) was presented, Moved by Van Deventer, seconded by Camacho, in favor. Discussion. Carried by unanimous vote. Absent: Morgan. Julius S. Paeske, Jr's request of EXTENSION OF SUBDIVISION IMPROVEMENT AGREEMENT, Bonita Greens, Map No. 8575 (the extension would be from June 1, 1979 to June 1, 1980; the bank issuing the Irrevocable Letter of Credit No. 130181 has amended their letter to expire on June 1, 1980; staff recommends approval) was presented. Moved by Camacho, seconded by Waters, we approve it. Discussion. Carried by unanimous vote. Absent: Morgan. Sal Zavala's request for an EXTENSION OF A SUBDIVISION AGREEMENT from July 1, 1979 to July 1, 1980 (the owner states the architect requires more time to complete the design work; the City Treasurer has the passbook as security; staff recommends approval) was presented. Moved by Waters, seconded by Van Deventer, in favor of the extension of subdivision improvement agreement& Zavala. Discussion. Carried by unanimous vote. Absent: Morgan. Item 16, Claim for DAMAGES from Helen Spence alleging police brutality on 4/15/79; and, Item 17, CLAIM FOR DAMAGES from Jerry Gausepohl, American Loan Company, alleging damage to plate glass window on 5/23/79 was presented. Moved by Camacho, seconded by Van Deventer, these be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Morgan. WRITTEN COMMUNICATIONS American Building Arts communication relative to EXCLUSION of Plaza Condominiums from the EFFECTS OF MORATORIUM ORDINANCE NO. 1684 was presented, Councilman Camacho stated he feels everything should be done to help these people with their project. Planning Director Gerschler stated he advised Council at the briefing session that if they wished to proceed with allowing the permission requested by American Building Arts that the appropriate action would be to refer the matter to the City Attorney to prepare an Urgency Ordinance for presentation next 6/5/79 184 Tuesday that would relax -the moratorium to accommodate this request; if that Ordinance were then presented next Tuesday and adopted, the Planning Commission could have hearings on this case on June 25th and the plan could be presented to Council on June 26th for final Council approval, this would delay the project three weeks at the most. It was noted that Council is not giving carte blanche approval to this project; Council is not guaranteeing him a building permit. Moved by Waters, seconded by Van Deventer, this be referred to City Attorney and staff for proper drawing of an Urgency Ordinance and amendment to our moratorium for this particular project. DAN FINCH, H & F Development Company, 7969 Engineer Road, San Diego, was present and asked for similar consideration for his project; the project at E. 26th Street, a 14-unit condominium project called South Bay Townhouses. Vice Mayor Dalla referred Mr. Finch to the Planning Department. Mr. Gerschler stated if Mr. Finch could draft a letter similar to American Building Arts' letter and get it filed within the next day or two it would go on Council's Agenda next Tuesday. Motion carried by unanimous vote. Absent: Morgan. OTHER BUSINESS PLANNING Item 19, report on final subdivision map, PALM VIEW TERRACE, 940 Palm Avenue, S-40, Hardesty Homes. City Clerk Campbell stated this had been approved under Resolution No. 13,053. Moved by Camacho, seconded by Van Deventer, this be filed. Carried by unanimous vote. Absent: Morgan. The Planning Department's recommendation regarding AMENDMENT to NATIONAL CITY LAND USE CODE Sections 18.112.020 and 18.112.090 regarding initiation of zoning, GENERAL PLAN, and SPECIFIC PLAN AMENDMENTS, A-5-79 (the Land Use Code sections now require "Resolutions of In- tention" for city -initiated zone changes, zoning amendments, general plan amendments and specific plan amendments; there is nothing in the Government Code which requires this procedure; a code amendment to substitute "Minute Action" for "Resolution of Intention" is suggest- ed to achieve a modest paperwork reduction; Code amendments of an administrative nature such as this do not require noticed public hearings pursuant to Government Code Sec. 65853, and may be adopted as other ordinances are adopted; staff and Planning Commission concur with this and recommend in favor) was presented. Moved by Waters, seconded by Camacho, in favor of consideration of amendment of 18.112.020 and 18.112.090 and the City Attorney prepare an Ordinance. Carried by unanimous vote. Absent: Morgan. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 39-79, approving application for Conditional Use Permit to allow a room addition that will encroach 4' 6" into the required 25' rear yard setback on property located at 1839 La Posada Street, CUP 1979-5 (this application involves a 13' X 26' 5" single -story addition containing two bedrooms and one bath to an existing single -story single-family dwelling; the addition will encroa•i 4' 6" into the required rear yard setback leaving a distance of approximately 20' between the rear property line and the rear of the proposed addition; staff concurs with the Planning Commission approval) was presented. Moved by Van Deventer, seconded by Camacho, this be filed. Carried by unanimous vote. Absent: Morgan. CITY MANAGER - No report, CITY ATTORNEY - Absent. 185 OTHER STAFF Plan. Dir. Gerschler spoke in regard to San Diego Council's public hearing next Tuesday afternoon on the adoption of the Barrio Logan Community Plan which will become part of the City of San Diego's General Plan, outlining the problems and importance of adding to that plan reference to Route 252 freeway which was deleted from the report that is now going before S.D. Council. Mr. Gerschler recommended Council authorize the Vice Mayor (on behalf of Council) to direct a letter to the San Diego City Council pointing out the importance of Route 252 to the area and to National City. Moved by Camacho, seconded by Van Deventer, in favor of the Planner's recommendation. Plan. Dir. Gerschler stated in the same letter a number of highway traffic problems that the plan contains, among them Main Street traffic flows, Harbor Avenue traffic flows, the probability of a new main gate at the Navy base in the vicinity of Division Street and other related highway problems would be outlined. Motion carried by unanimous vote. Absent: Morgan. MAYOR - Absent. CITY COUNCIL - No report. VICE MAYOR DALLA said in regard to Item 10, an application for ON -SALE GENERAL EATING PLACE, LIQUOR LICENSE, person transfer, Bull Enter- prises, dba JOHN BULL, 2200 Highland Avenue, he has an immediate and very direct interest in this and for that reason he would leave the chair and also the room and ask Councilman Camacho to assume the chair. Vice Mayor Dalla called a minute recess at 8:24 p.m, Council re- convened at 8:25 p.m. ROLL CALL Council members present: Camacho, Van Deventer, Waters. Absent: Dana, Morgan. Moved by Waters, seconded by Camacho, in favor of Item 10. Carried by unanimous vote. Absent: Dalla, Morgan. Moved by Van Deventer, seconded by Waters, the meeting be closed. Carried by unanimous vote. Absent: Dalla, Morgan. The meeting closed at 8:26 p.m. City Clerk of National City, California The foregoing minutes were approved on June 12, 1979. Corrections rections ayor City of National City, California 6/5/79