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HomeMy WebLinkAbout1979 09-18 CC MINMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 18, 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: 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 City Manager McCabe. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalla, the minutes of the regular meeting of September 11, 1979 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Dalla, these be read by title only. Carried by unanimous vote. Resolution No. 13,132, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DESIGNATING THE CITY'S COMMITTEE FOR HOUSING & COMMUNITY DEVELOPMENT AS THE COMMITTEE IN SUPPORT OF 50 UNITS OF REN- TAL HOUSING, NEW CONSTRUCTION, FOR FAMILIES OF LOW AND MODERATE INCOME WITHIN THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Waters, Resolution No. 13,132 be adopted. In answer to a question re the quality of the housing, Plan. Dir. Gerschler said Zoning Ordinances apply to all properties in the City with one exception: if a specific project of specific dimensions and plans is approved as a part of an adopted redevelopment plan, that project and its design preempt the Zoning Ordinances; that is the situation in the Christman Industrial Park; as a result of the project at 12th and "D" and its problems, the Director of the CDC, and he have had a close understanding that they will compare Codes and Ordinances before projects are approved. ARNOLD PETERSON, Director, CDC, stated if the project is approved by the voters, they would have a planned development of the quality that is seen at 12th and "E"; Council will have final say on the project; Council will control the quality, quantity and location. Carried by unanimous vote. Resolution No. 13,133, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DESIGNATING THE CITY'S COMMITTEE FOR HOUSING & COMMUNITY DEVELOPMENT AS THE CITIZEN COMMITTEE TO ASSIST IN UPDATING THE HOUSING ELEMENT OF THE GENERA' PLAN." Moved by Water, seconded by Van Deventer, Resolution No. 132.133 be adopted. Carried by unanimous vote. (Item 16), the City Engineer's recommendation to approve Change Order to contract with Bob Diment's Backhoe Service for Las Palmas Park Drain (during construction, field conditions dictated change in storm drain length and the encasement of 2 sewer laterals; the sum of $633.60 is adder to the contract price for an adjusted contract price of $16,506.60) was presented. Moved by Waters, seconded by Dalla, in favor of 16, Bob Diment's, Specification 905. Carried by unanimous vote. Resolution No. 13,134, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING 9/18/79 OF COMPLETION (Drainage Pipe Construction, Specification 905.)" Moved by Waters, seconded by Dalla, Resolution No. 13,134 be adopted. Carried by unanimous vote. Resolution No. 13,135, "A RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING A FINAL BUDGET FOR FISCAL YEAR 1979-80." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,135 be adopted. City Manager McCabe stated the final budget document as submitted to Council differs from the preliminary budget by additions to the salaries of employees of the City, by suggestions and recommendations passed upon by Council at the Finance Committee and ratified by Council in session; there was one adjustment for miscalculation; other than that it is the same as the preliminary budget and is a balanced budget which provides the City with a solid financial plan to follow for the coming year and he recommends its adoption. Carried by unanimous vote. Resolution No. 13,136, "RESOLUTION AMENDING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND EDCO DISPOSAL CORPORATION FOR THE COLLECTION OF RUBBISH OR TRASH IN THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Waters, Resolution No. 13,136 be adopted. City Manager McCabe recommended adoption. ED BURR, President and owner of National City Rubbish, was present and stated the difference between the City of National City and the City of San Diego in costs is that the City of San Diego has no dumping fee and no franchise fee; there are many things that they have to look at in setting fees, one of which is the distance to the dump; in National City the distance is a long way; they haven't had a cost -of -living increase for two years; expenses have gone up more than the estimated 18% increase requested; they are trying to break even. Moved by Dalla, we defer the increase to January 1st if approved. Died for lack of second. Mr. Burr stated they are manning their local office as required by the franchise. Carried by unanimous vote. PUBLIC HEARINGS The HEARING to review request for TAXICAB PERMIT (on August 22, 1979, Mr. Jeno Bugel requested a taxicab permit to operate in the City; pursu- ant to Municipal Code Ch. 6.38, Sec. 6.38.220 and Ordinance 1165, the Council set a hearing date of 9/18/79 for consideration of the permit request; Ordinance 1165 places the burden of proof as to the public need and necessity for the operation of taxicabs in the City solely with the applicant) was held at this time. JENO BUGEL, 2014 South 40 Street, San Diego, applicant, was present and stated he has one taxi and when he brings passengers to the City, he has to turn down fares (particularly in the area of 8th and National) because he doesn't have a permit; he would not hurt the City but would rather help; there are not enough cabs to pick up fares available at 8th and National; he wants to operate legally within the City. City Manager McCabe stated the total number of cabs is the same as approximately six months ago when another request for permit was received; their report at that time indicated that Diamond Cab is licensed for 45 cabs, Radio Cab for 10; Yellow Cab for 20; the current ratio is one cab for 604 residents in the City which compares with San Diego with a cab for each 1800 residents; Coronado 1/2700 and Imperial Beach 1/4000; in terms of numbers, there is an adequate number of cabs in the City to supply service. Discussion. Mr. Bugel said he only wants the ability to operate legally within the City. JAMES LEDBETTER 3421 Eleanor Place, was present and said he believes the City could license single cabs in the City in the interest of free enterprise; there have been times when he wanted a cab and was unable to get one. Further discussion. Moved by Morgan, seconded by Camacho, we close the public hearing and deny the request. Further discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalla, Waters. Moved by Morgan, seconded by Camacho, we authorize the City Manager to come up with a recommendation on how we can handle this, even to change the ordinance to always set a public hearing, how we can handle the situation without setting a hearing because of a letter. Discussion re possibility of denying a segment of the public the right to a public hearing. Mr. Bugel stated Council is playing with his constitutional rights. Mayor Morgan directed the City Manager to send a copy of his recommendation to Mr. Bugel so that he will have the 9/18/79 opportunity to appear and be heard. Moved by Van Deventer, seconded by Morgan, the City Manager include in his report how many fares are actually picked up in the City by the presently licensed cabs; if the 75 permits can't be justified, Council should look at this. In answer to the question "would Council be required legally, or morally, to grant every permit, since every permit is granted individually", City Attorney McLean said the Ordinance states Council will make the determination as to whether or not the public convenience and necessity requires the issuance of a cab permit; Council is to exercise its judgment as to the needs of the community. In answer to the question o "whether Council has the right to deny an individual the right of a public hearing," the City Attorney stated as regards the cab concept, he would say granting or denying what in essence is a franchise, that process by its nature embodies within it the notion of some sort of hearing before the City Council; he has never researched the question; it is the Council that grants the franchise; it is not something administrative people can do. Motion (number of fares) carried by the following vote, to -wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalla, Waters. Motion (City Manager's recommendation) carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Morgan. Nays: Dalla, Waters. (Item 2) HEARING ON APPEAL of Planning Commission Resolution 62-79, DENYING an application for ZONE VARIANCE to allow a lot within the pro- posed SHELL MANOR II SUBDIVISION wit:. !3' of street frontage in lieu of the required 50' on property located on the south side of Capella Street, east of Mariposa Place (Z-3-79); and (Item 5) HEARING ON TENTATIVE SUBDIVISION MAP, SHELL MANOR II, east of Shell Avenue, south of Capella Street (S-48) were called at this time. The City Clerk reported the Certificates of Publication and Affidavits of Mailing were on file and that Stephen Lamprides, Lamprides Environ- mental Organization was present to request both hearings be continued and she would recommend continuing to October 16. Mr. Lamprides was present and stated Thomas Masuda, owner of the property, has asked for a continuance of at least four weeks as he is out of town. No one else spoke in this regard. Councilman Van Deventer stated he could not sup- port the project with the 13' street frontage. Moved by Waters, seconded by Camacho, we lay over Items 2 and 5 until the October 16 meeting. FRED PUHN, 425 Shell Avenue, was present and stated he collected 60 names on a petition objecting to the development as designed and can get many more; unless the project is redesigned there will be a lot of people against it; and asked why the owner has violated the desires of the City by letting the weeds go unattended on the property. City Manager McCabe stated he will check on this. Carried by unanimous vote. LEONARDO ESCOBAR, 5755 Mariposa Place, was present and said he was puzzled about the meaning of this, he didn't understand what is proposed. The City Attorney suggested he see the Planning Director who can explain what is proposed. HEARING ON APPEAL of application for ZONE VARIANCE to allow the subdivi- sion of property to create THREE PARCELS (lots) on property located at 1239 "0" Avenue, Z-8-79 (the Planning Commission voted to approve appli- cation for zone variance to allow a through lot containing 23,400 sq. ft. to be divided into three separate parcels; the land area of each parcel created will exceed the 5,000 sq. ft. minimum required by the Land Use Code; one detached, single family dwelling containing between 1200 and 1400 sq. ft. is proposed for each parcel; parcel one will be the only parcel with accessible street frontage on "O" Avenue; parcel two will be land locked with no street frontage; a 20' wide easement will be provided across parcel one to serve this parcel with access to "0" Avenue; parcel three has street frontage on Palm Avenue but access is precluded by topography; a 20' wide easement will be provided across parcels one and two to serve this parcel with access to "0" Avenue; Council on 8/21/79 appealed the Planning Commission approval and set the matter for public hearing) was held at this time. City Clerk Campbell stated the Certifi- cate of Publication and Affidavit of Mailing were on file. Plan. Dir. Gerschler stated the Planning Commission recommended approval subject to six conditions; staff recommends Council approve only two parcels 9/18/79 subject to the same six conditions (as outlined on Document No. 63900 on file in the office of the City Clerk.) LLOYD WILLIAMS, 1317 "0" Avenue, owner of property at 1317, 1315 "04° Avenue and adjoining property at 1311 and 1239; was present and asked if the property in question would have to have curbs, sidewalks and half the street paved before it con- tinues. City Engr. Hoffland stated the three parcels that are proposed would require sidewalks on Palm and "0" Avenues, curbs on "0" Avenue and completion of paving on "0" Avenue; the private driveway from "0" Avenue to each lot will be a private drive. RAY COLE, 1314 "0" Avenue, was present and stated there are children in the area who play in the easements and someone is going to be hurt; the three new houses that will be built will probably have children in them which will compound the problem; 23-24 houses are using the street that is only two blocks long, building three more will further congest the area. Plan. Dir. Gerschler stated the project on the agenda tonight is to create three lots; one house has already been built; another project was approved some time ago on which three new houses were built. Discussion. Plan. Dir. Gerschler stated the Zoning Ordinance allows the developer to built one house on the lot; the lot is odd --shaped, it is between "0" and Palm with frontage on both streets; it is a total of about 20,000 sq. ft.; the usual pattern is to allow a through -lot to split in the middle; if that were done in this case, each of the lots would have nearly 10,000 sq. ft. they could then build one house on each of the two new lots; to get more out of it, the developer has asked for three lots; the middle lot does not have frontage on either street; this is not allowed by the Zoning Ordinance which is the reason he has asked for a variance; staff has recommended that it is a better design to follow the usual pattern of two lots, one facing Palm and one facing "0"; the Planning Commission agreed to three, following the precedent set on the adjoining lot where Council approved three lots a few years ago. MR. WYMAN, representing Beauty Boutique, was present and expressed his concern about the drain- age system that will go in. Moved by Waters, seconded by Van Deventer, to sustain the appeal and deny the application for the variance and close the public hearing. Carried by unanimous vote. The HEARING on the PROPOSED ZONE CHANGE to rezone from RS-2 (single family residence) to CG-PD ( commercial general -planned development) the vacant parcel adjoining the north side of the National Guard Armory at 303 Palm Avenue, ZC-28-78 (the Planning Commission recommends denial; this hearing has been continued from the meetings of 8/23/78, 3/20/79, and 6/19/79) was held at this time. Moved by Van Deventer, seconded by Camacho, this be denied as this project just went on for over a year and he's been dragging on this thing and there is no reason to keep staff going through the paperwork every week on this particular item. No one was present in this regard. Carried by unanimous vote. NEW BUSINESS CLAIMS FOR DAMAGES of ANA DIAZ alleging loss of consortium and RAYMOND O. DIAZ for personal injuries and property damage were presented. Moved by Waters, seconded by Camacho, these be denied and be referred to the City Attorney for due process. Carried by unanimous vote. General Services, Purchasing Division's recommendation for AWARD OF BID #GS 7980-3 for one MODULAR PLAY CENTER for El Toyon Park (after exten- sive market research, it was determined the Modular Play Center to be a "Sole Source" and "Compatability" Purchase; ...determined to be a "Sole Source" due to lack of ... a 6x6" redwood beam, circular and wave slides, galvanized steel flooring plates and shackled climbing ropes in any recreational equipment manufacturer's product line; based on this, a formal bid package was sent to Walt Rankin and Assoc. only; their res- ponse met all bid requirements and specifications; the cost of the play center is $9,310.32) was presented. Moved by Waters, seconded by Van Deventer, in favor of the City_Manager's recommendation. CRAIG WINDER Asst. Purch. Agent, was present and addressed the question of the life span of the play center. Carried by unanimous vote. (Item 13) application for ON -SALE BEER AND WINE EATING PLACE LICENSE of Betsy G. and James L. Orr, dba PIZZA GALORE, 2424 Hoover Avenue, Suite E, 9/18/79 premises transfer; and (Item 14) application for ON -SALE BEER AND WINE EATING PLACE LICENSE of Ana T. and Teodolfo M. Llamas, dba BARRIO FIESTA RESTAURANT, 1722 E. 8 Street, person transfer, were presented. Moved by Waters, seconded by Van Deventer, in favor of items 13 and 14. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Mayor Morgan called a two minute recess at 9:00 p.m. Council reconvened at 9:03 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. PRESENTATION Mayor Morgan presented a plaque to former councilman JOE REID in appre- ciation of hiw wowk on Council from 1960 to 1962 and from 1966 to 1978. NEW BUSINESS (Con't) The City Engineer's recommendation to authorize ACCEPTANCE OF A 20' DEDICATION ON 29TH STREET by J. D. Mann (Mr. Mann offered to dedicate a portion of his property adjacent to 29th St. for street purposes; the map shows that the south 40' of 29th St. has been dedicated between "A" and "D" Avenues; north of this the dedication varies from 0' to 40' with 5 parcels dedicating 20'; this portion of 29th St. is a local street and a 60' right-of-way is sufficient; thus, Mr. Mann's offer to dedicate 20' conforms to Council policy and would match the dedication from a majority of the property owners on the north side of 29th St.) was pre- sented. Moved by Waters, seconded by Van Deventer, in favor of staff's recommendation. City Engineer Hoffland stated he made it clear to Mr. Mann that he would not receive any money for the dedication. Carried by unanimous vote. (Item 16) Change Order to contract with Bob Diment's Backhoe Service. (See final paragraph, page 4) WRITTEN COMMUNICATIONS National City Chamber of Commerce's request to serve ALCOHOLIC BEVERAGES at the ANNUAL MS. NAVAL SERVICES CONTEST, sponsored by the South Bay Cities Council of the Navy League, Monday, October 8, 1979, in the Kimball Community Building was presented. Moved by Camacho, seconded by Van Deventer, in favor. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS PLANNING The Planning Department's and Community Development Commission's recom- mendation regarding HOUSING ELEMENT UPDATE (on 9/6/79 a consultant selection committee made up of Stan Biggs, Dir. Technical Services, Tom Morrow, CDC staff, and Rolf Gunnarson, Asst. Plan. Dir., interviewed three Planning/Economic consultants interested in performing the Housing Element Update; a representative of the Calif. Dept. of Housing and Community Development also participated on the committee in a non -voting status; the committee unanimously recommended selection of Alfred Gobar Assoc.; this work is to be funded by a grant in the amount of $16,500 awarded to the City under the Comprehensive Planning Assistance Grant Program; staff recommends Council authorize the City Manager to enter into an agreement with "Alfred Gobar Assoc." to perform the Housing Ele- ment Update) was presented. Moved by Waters, seconded by Camacho, in favor of the request. Carried by unanimous vote. The Planning Department's recommendation regarding STREET VACATION, por- tion of HARRISON AVE. between 19th and 20th Sts., SC-4-79 (this proposed vacation of public right-of-way involves the easterly 40' of Harrison Ave. between 19th and 20th Sts.; it will complete the closure of Harrison from 19th to 22nd St.; the applicants, Key Container Co., propose to use 9/18/79 the area for storage and as a loading facility; staff recommends Council adopt a Resolution of Intent to Vacate a portion of Harrison from 19th to 20th Sts. and that the Planning Commission recommendation be taken into consideration at that time) was presented. Moved by Dalla, seconded by Camacho, this be set for hearing. Carried by unanimous vote. PLANNING COMMISSION - Notices of Decision (Item 20) Planning Commission Resolution No. 67-79, approving an appli- cation for Conditional Use Permit to allow an automotive tune-up facility on property located at 333 Highland Ave., CUP 1979-6 (this application involves the use of the abandoned Arco Service Station at the NE corner of 4th and Highland for light automotive repair, tune-ups only) was presented. City Clerk Campbell reported the applicant appealed the conditions of the CUP; the hearing will be October 2nd. (Item 21) Planning Commission Resolution No. 68-79, approving an appli- cation for Conditional Use Permit to allow the serving of alcoholic beverages over a bar and to allow the sale of alcoholic beverages after midnight, incidental to the sale of food, on property located at 1904 Sweetwater Rd., CUP 1979-9 (this application involves on -sale alcoholic beverages after midnight at a bar as an incidental use in con- junction with the development of a new restaurant and cocktail lounge known as Denny's Restaurant) was presented. Moved by Camacho, this be filed. Died for lack of second. Moved by Waters, seconded by Van Deven- ter, this be set for hearing and appeal the application. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters. Nays: None. Abstaining: Dalla, Morgan. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Morgan stated they are recruiting to fill a position available in the City Attorney/Mayor's office which is classified as Clerk/Typist II; he believes the position should be changed to secretary; the Secretary to the Council/Mayor/City Attorney has been working excessive hours and needs the assistance of someone who takes shorthand and can act as a right-hand to her; the change in classification would amount to approxi- mately $146.00 a month. Moved by Morgan, seconded by Waters, we author- ize the City Manager to make this position Secretary with $124.00 a month added to the budget. Discussion. In answer to a question about the Secretary's workload, City Attorney McLean detailed the work being done and the necessity for increased help. Vice Mayor Dalla reported the Mayor had told Council of his desire to change the classification; Council indicated they did not want that to happen; that should have been sufficient so that the matter did not have to come up in open session; the Council owes the party we are discussing the courtesy of not talking about it in open Council; if we are going to discuss this any further, we should do it in the proper session and not up here. In answer to Councilman Water's question, City Manager McCabe stated he estimates the cost difference would be $155 per month; approximately $1860 a year. Motion failed, by the following vote, to -wit: Ayes: Waters, Morgan. Nays: Camacho, Dalla, Van Deventer.Mayor Morgan directe, the City Manager to pay Mrs. Valdez overtime; if there is no money avail - all? to pay her overtime, the work is to go undone. CITY COUNCIL - No report. Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:3.I,.p.m. City/Clerk, City of The foregoing minutes were approved by/the City Council meeting of October 2, 1979. Corrections - No Co tional City, Cal. at the regular Mayor, City of I'atibn City, Calif. 9/18 79