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HomeMy WebLinkAbout1979 06-12 CC MIN186 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 12, 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: Dalla, Van Deventer, Waters, Morgan. Absent: Camacho. 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. John Bontrager, Paradise Hills United Church of Christ. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalla, the minutes of the regular meeting of June 51 1979, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS Mayor Morgan presented City Treasurer/Finance Director Ida Mae Kerr a 30-year anniversary pin and thanked her for her years of dedicated service to the City and Community. Mrs. Kerr thanked Council for their consideration. Mayor Morgan called a five-minute recess for a reception in honor of Mrs. Kerr. Council recessed at 7:35 p.m. Council reconvened at 7:45 p.m. ROLL CALL Council members present: Dalla, Van Deventer, Waters, Morgan. Absent: Camacho. SCHEDULED PRESENTATIONS Mr. William Schempers, Jr., Superintendent of the City of San Diego Transportation Design Division who spoke regarding traffic generation and the proposed solid waste recovery plant in National City. Councilman Van Deventer commented that Mr. Schempers' presentation tonight was totally different from the presentation he made at the county. PUBLIC ORAL COMMUNICATIONS GEORGE WEBSTER, Manager, National City Chamber of Commerce, was present and stated the Chamber is concerned over the proposed (N.C. Transit) bus routes; the routes will be exclusively in National City;. they have been informed bus service from San Diego in the area of Bayview Hills and Paradise Hills will be discontinued beginning in July. Mr. Webster said the merchants are concerned about this cutoff of service from those areas; he urged Council to consider providing bus service into this area. Mayor Morgan stated they will take a hard look at that. City Manager McCabe stated they will endeavor to work out a solution to this problem and report back next meeting. PUBLIC HEARINGS The HEARING on APPEAL of Planning Commission Resolution No. 32-79, DENYING an application for PLANNED DEVELOPMENT PERMIT to allow development of a 26-UNIT APARTMENT COMPLEX on property located on the west side of "V" Avenue, between 5th Street and 7th Street, PD-127 (the application involves development of a 26-unit apartment complex on property having a total 6/12/79 187 area of 1.52 acres; the project will consist of four detached, two-story buildings containing 18 two -bedroom units at 1,000 sq. ft. each, four two -bedroom units at 1,044 sq. ft. each, and four one -bedroom units at 660 sq. ft. each; sub -level parking, pool and cabana; development of this project will require the improvement of 7th Street and "V" Avenue, including a drainage system to control drainage from properties to the north, and removal of two older residential wood frame structures; the Planning Commission denied this application on 4/23/79 for the reason that evidence and testimony presented at the public hearing failed to support a finding that the site has sufficient access to streets and that the proposed use will not have an adverse effect upon adjacent or alritting properties) was presented. City Clerk Campbell reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler stated Ordinance 1684 prohibits either processing or approving planned development permits such as this; staff has therefore recommended that the case either be denied without prejudice or continued until sometime after the expiration of Ordinance No. 1684. MRS. FLORENTINO PIZARRO, 5231 Mt. Arian Terrace, San Diego, owner of the property at 540 and 640 "V" in National City, was present and spoke in favor of this application, saying they are deeply interested in this area and wish to upgrade it; the development of the area will not only improve the image of "V" Avenue but will help clean up vandalism in the area, Discussion. HOWARD KING, 2226 E. 5th Street, was present and spoke in support of the Planning Commission's recommendation. Moved by Van Deventer, seconded by Waters, we close the public hearing and deny without prejudice this particular project. (amended motion) Discussion. Carried by unanimous vote. Absent: Camacho, ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Waters, these be read by title only. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,054, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESS- MENT AND TIME OF HEARING THEREON (Alley, National City Blvd. to 2nd Street to Roosevelt Avenue) District No. 198." Moved by Waters, seconded by Dalla, Resolution No. 13,054 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,055, "RESOLUTION AUTHORIZING EXECUTION OF COOP2RATIVE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO METROPLITAN TRANSIT DEVELOPMENT BOARD." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,055 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,056, "RESOLUTION AUTHORIZING EXECUTION OF ENCROACHMENT REMOVAL AGREEMENT FOR WALL 2' IN EAST 7TH STREET (Lisandro)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,056 be adopted. Discussion. Carried by unanimous vote. Absent: Camacho, Resolution No. 13,057, "RESOLUTION AUTHORIZING EXECUTION OF ENCROACHMENT REMOVAL AGREEMENT FOR ASPHALT BERM AND SURFACING IN 26TH AND "D" (Sweetwater High School)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,057 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,058, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS." Moved by Waters, seconded by Van Deventer, Resolution No. 13,058 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,059, "RESOLUTION OF AWARD OF CONTRACT ("N" Avenue and 9th Street, Assessment District No. 188)." Moved by Van Deventer, seconded by Waters, Resolution No. 13,059 be adopted. Carried by unanimous vote. Absent: Camacho. ORDINANCES FOR INTRODUCTION (first reading) Moved by Waters, seconded by Van Deventer, these (ordinances) be read by title only. Carried by unanimous vote. Absent: Camacho. 6/12/79 188 Ordinance No. 6/12/79-1, "Establishing RS-2-PUD-D-10 zoning on property at 3160 Sweetwater Road (Assessor's Parcel 564-320-16, ZC-9-79)." ORDINANCES FOR ADOPTION (second reading) (See paragraph no. 9, page no. 187). Ordinance No. 1685 (6/6/?9-1), "ORDINANCE AMENDING THE PROVISIONS OF THE NATIONAL CITY LAND USE CODE TO ALLOW ADMINISTRATIVE APPROVAL FOR ADDITIONS OF SINGLE FAMILY STRUCTURES IN SINGLE FAMILY RESIDENTIAL ZONES (A-3-79)." Moved by Van Deventer, seconded by Dalla, Ordinance No. 1685 (6/;//9-1) be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Morgan. Nays: Waters. Absent: Camacho. Ordinance No. 1686 (6/g/?9-3), "AN ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE REGARDING INITIATION OF ZONING, GENERAL PLAN, AND SPECIFIC PLAN AMENDMENTS, (A-5-79)." Moved by Van Deventer, seconded by Dalla, Ordinance No. 1686 (6///q9-2) be adopted. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Morgan. Nays: Waters. Absent: Camacho. Ordinance No. 1687 (6/4/?9-3), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING ORDINANCE NO. 1684 MODIFYING MORATORIUM ON THE PROCESSING AND ISSUANCE OF CERTAIN PERMITS FOR APARTMENTS AND CONDOMINIUMS AND DECLARING SAID ORDINANCE AN URGENCY ORDINANCE." Moved by Waters, seconded by Dalla, Ordinance No. 1687 (6/09-3) be adopted. Discussion. Planning Director Gerschler stated the Planning Commission will have a hearing on the 25th of June and Council will hold a hearing July loth at which time the whole package of design changes will be presented; in the meantime the only project that now qualifies under the Ordinance is the American Building Arts project to the east of Harbison Avenue; the concerns of Council should be settled in about a month. Motion carried by unanimous vote. Absent: Camacho. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 48, dated June 12, 1979, in the amount of $35,081.31 (Warrants Nos. 65157 through 65210) and PAYROLL for the period ending May 31, 1979 in the amount of $173,787.65 was presented. Moved by Waters, seconded by Dalla, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None. Absent: Camacho. City Engineer Hoffland's recommendation to approve deferral of street improvement requirements adjacen to 515-521 "Q" Avenue, Pardo (the property owner has an obligation to install alley and street improvements adjacent to 515 through 521 "Q" Avenue; he has constructed the alley improvements but requests a deferral of pavement in "Q" Avenue; temporary paving is in good condition and property owner wishes to sign a Covenant not to protest a 1911 Act improvement for street improvements) was presented. Moved by Van Deventer, seconded by Dalla, in favor of staff's recommendation. Carried by unanimous vote. Absent: Camacho. The CLAIM FOR DAMAGES of Michael Thomas Urzua alleging excessive use of force by police officer was presented. Moved by Dalla, seconded by Van Deventer, it be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Camacho. An application for ON -SALE GENERAL EATING PLACE LIQUOR LICENSE, from Great American Restaurants, Inc., dba the Big Yellow House, 1908 Sweetwater Road (also permits the sale of beer and wine only for consumption off the premises where sold) was presented. Moved by Waters, seconded by Van Deventer, in favor of the Type 47 license for the Great American Restaurant, Inc., dba Big Yellow House, at 1908 Sweetwater Road. City Attorney McLean stated the Planning Department has recommended that the license contain three conditions: (1) alcoholic beverage sales shall be incidental to food service; (2) all live entertainment and dancing shall 6/12/79 189 be prohibited; (3) there shall be no sale of alcoholic beverages after midnight; he suggests the way to achieve this is to protest the license unless the applicant applies for a license with these conditions on it; if the applicant doesn't agree to these conditions and Council doesn't file a protest within 30 days, you have lost your leverage. Planning Director Gerschler stated the City's zoning law contains those exact words, the only reason for bringing that to Council is to recite what the City's own law now says; the ABC will not condition the license unless Council protests it as the City Attorney has suggested; otherwise, there are conflicting licenses, one set of rules by the State and one set of rules by the City. Moved by Waters, seconded by Van Deventer, we table the motion. Carried by unanimous vote. Absent: Camacho. Item 15a, the APPLICATION FOR ON -SALE BEER AND WINE EATING PLACE LICENSE OF Captain Kidd's Seafood Galley, Inc., dba CAPTAIN KIDS' GALLEY, 2344 E. 8th Street (there are four conditions recommended by Planning: fi] sale of alcoholic beverages will not be after 10:00 p.m., [2] that the annual sale of food shall be greater than the annual sale of alcoholic beverages; [3] that no live enterainment, dancing, pool tables or game machines be allowed in subject premises; and [4] that the premises contain no fixed bar) was presented. City Attorney McLean stated Council's option appears to be to protest the license unless the applicant applies for a conditional license; if they do this, he will withdraw Council's protest. Moved by Van Deventer, seconded by Dalla, this be protested because there are four conditions that we would attach to this. City Attorney McLean stated the issue is two -fold; the Planning Department recommends that if the license is issued at all it should be with the four conditions; in addition to that there is a Police Department report that states the license should be protested in its entirety due to the fact that fast food and liquor licenses don't mix. Moved by Morgan, we refer this back to the Police Department. City Attorney McLean stated there isn't time for that. City Attorney McLean stated it is a Council policy decision that an operation like this is inconsistent with the neighborhood, welfare of the community, etc., which are grounds for protesting. Moved by Dalla, seconded by Van Deventer, we amend the motion to protest simply because the use is not compatible and further grounds as set forth by the City Attorney. Amendment carried by unanimous vote. Absent: Camacho. Motion carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. Absent: Camacho. Item 15b, the APPLICATION FOR ON -SALE BEER AND WINE, bona fide public eating place of Asuncion R. and Hermogenes P. Torres, dba TORRES FAMILY RESTAURANT, 933 South Harbison (there are four recommended condi- tions: [1] alcoholic beverage sales shall be incidental to food service; [2] there shall be no bar or counter over which the on -sale alcoholic beverages shall be served to the public; [3] all live entertainment and dancing shall be prohibited; and, [4] there shall be no sale of alcoholic beverages after midnight) was presented. City Attorney McLean recommended Council protest the license unless the applicant files a conditional license. Moved by Dalla, seconded by Van Deventer, so moved. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. Absent: Camacho. CASAMAR, INC.'S request to occupy a MOBILE UNIT FOR A TEMPORARY OFFICE (Casamar has obtained a one-year renewable lease from the San Diego Port Authority on a parcel of land located at 1204 W. 32nd Street on the National City tidelands; they have requested authorization to temporarily occupy a California state -approved commercial mobile unit for office facilities; the unit will be placed on site for a period of one year; the temporary office will be used to conduct the business of the company; Casamar supplies new nets and repairs damaged nets for the San Diego fishing fleet; a Temporary Use Permit for this event has been processed and approved by the Building and Housing, Planning, Fire, Finance and Police Departments; staff recommends the request be granted subject to a maximum time limit of one year; temporary connection to public utilities, compliance with all applicable laws and ordinances including facilities for handicapped persons) was presented. Moved by Morgan, seconded by Van Deventer, for approval. Discussion. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Morgan. Nays: Waters. Absent: Camacho. 6/12/79 190 City Clerk Campbell's report on opening of SEALED BIDS ON DRAINAGE PIPE MATERIALS only (bids were received and opened after 3:00 p.m. on June 6, 1979; the bids were advertised and the specs called for aluminum pipe; two bids were received, bids which were not responsive to the advertising or specs; AMERON, reinforced concrete pipe, $12,128.25; PACIFIC CORRUGATING PIPE COMPANY, no bid bond, $8,727.48) was presented. Ordered filed by unanimous vote. Absent: Camacho. WRITTEN COMMUNICATIONS HELEN TAYLOR'S request for financial assistance in performing in the International Festival of YOUTH ORCHESTRAS and the Performing Arts in Aberdeen, Scotland was presented. Moved by Morgan, seconded by Waters, we give them $250.00. HELEN TAYLOR, 2320 E. 16th Street was present and thanked Council for their time and consideration. Motion failed, by the following vote, to -wit: Ayes: Waters, Morgan. Nays: Dallas Van Deventer. Absent: Camacho. Mayor Morgan requested this item put back on the Agenda for next week. Councilman Van Deventer stated he feels the kind of help Miss Taylor's needs can best be done in the private sector and he would be more than willing to help her get some of the funds she needs. Vice Mayor Dalla stated the Mayor was not at the last meeting and an item came up that and it would have been possible to take advantage of his absence, rather than do that they deferred it. OTHER BUSINESS CITY MANAGER CITY MANAGER MCCABE stated he intends to deliver the preliminary budget to Council this coming Friday; at this time he would ask for Council to set Finance Committee hearing dates; he would suggest June 20, 21, 22, 1979. Discussion. Vice Mayor Dalla called the meeting for June 21, and 21st at 3:00 p.m. CITY ATTORNEY No report, OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL - No report. Moved by Van Deventer, seconded by Waters, the meeting be closed. Carried by unanimous vote. Absent: Camacho. The meeting closed at 8:59 p.m. CI CITY CLE Y OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved on June 19, 1979, i Corrections corrections OR CITY OF NATIONAL CITY, CALIFORNIA 6/12/79