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HomeMy WebLinkAbout1979 10-16 CC MIN21 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 16, 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. Hubert Campbell, First Baptist Church, APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of October 9, 1979, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS Mayor Morgan presented a certificate to Frank Perez in appreciation of his years of service on the Planning Commission. The City Clerk read the Mayor's proposed Proclamation of UNITED NATIONS' DAY. Moved by Camacho, seconded by Van Deventer, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proc- lamation to Mr. Jones. PUBLIC ORAL COMMUNICATIONS - None ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Dalla, the resolutions be presented by title. Carried by unanimous vote. Resolution No. 13,145, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING THE DETACHMENT OF THE PARADISE VALLEY AVENUE ISLAND ANNEXATION TERRITORY FROM THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 3, UNDER THE PROVISIONS OF THE DISTRICT REORGANIZATION ACT OF 1965." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,145 be adopted. Carried by unanimous vote. Resolution No. 13,146, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (1602-1618 Hoover Avenue, Beauchamp)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,146 be adopted. Carried by unanimous vote. Resolution No. 13,147, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Property adjacent to 1326 '0' Avenue, Deptula)." Moved by Waters, seconded by Camacho, Resolution No. 13,147 be adopted. Carried by unanimous vote. Resolution No. 13,148, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Improvements of Edgemere Avenue, Specification No. 898, R. E. Hazard Construction Co.)." Moved by Van Deventer, seconded by Dalla, Resolution No. 111148 be adopted. Discussion. Carried by unanimous vote. 10/16/79 22 Resolution No. 13,149, "RESOLUTION AUTHORIZING THE EXECUTION OF RIGHT- OF-WAY CONTRACT AND DIRECTING THE EXECUTION AND RECORDING OF A CORPOR- ATION GRANT DEED TO METRCPOLITAN TRANSIT DEVELOPMENT BOARD." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,149 be adopted. Carried by unanimous vote. NEW BUSINESS The request of McLEAN TRUCKING COMPANY to occupy a commercial mobile unit for temporary office facilities (McLean Trucking Co. has expanded its National City terminal operations through the purchase of O.N.C. Freight System...terminal is adequate in area for increased freight handling; however, additional temporary office space is required; the terminal manager requested the use of a California State approved commercial mobile unit for office personnel; a decision will be made prior to the expiration of the one-year Temporary Use Permit whether to add additional permanent offices or to relocate the business to larger facilities; a Temporary Use Permit has been processed and approved by the Planning, Engineering, Fire, Finance and Police Departments; the Director of Technical Services recommends the request be granted subject to all terms and conditions of the N. C. Land Use Code and related Codes and Ordinances; the temporary use shall terminate on October 17, 1980; the mobile unit floor shall be elevated to the floor level of the ad- jacent permanent building) was presented. Moved by Camacho, seconded by Van Deventer, this request be granted. City Attorney McLean asked that the record reflect he has no connection to the Trucking Co. Carried by unanimous vote. The City Engineer's recommendation to DENY DEFERRAL of the requirements to install SIDEWALK and DRIVEWAY adjacent to 1609 Gamma Street, Carillo (The property owner has an obligation under Ordinance 1491 to install up to $1994 worth of street improvements; driveway and sidewalk replacement and construction is estimated to cost $514; he applied for a deferral because a tree would have to be removed.) was presented. Moved by Uaters, seconded by Camacho, in favor of the City Engineers recommen- dation. Carried by unanimous vote. The City Engineer's recommendation to DENY DEFERRAL of requirements to install ALLEY IMPROVEMENTS and GUTTERS adjacent to 140 East Fifth Street, Hoover (Owner has obligation to install street improvements not to ex- ceed $3608 in cost under Ordinance 1491; sidewalks, driveways, gutters and alley improvements are estimated to cost $2,275; he has applied for a deferral of gutter and alley improvements and offers to sign a cove- nant not to protest a 1911 Act as a condition of the deferral; this alley would abut a storm drain system and would provide a useful improvement.) was presented. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation. Carried by unanimous vote. The City Engineer's recommendation to DENY DEFERRAL of GUTTER and SIDE- WALK improvements adjacent to 305 "E" Avenue, Sanvictores (Owner has an obligation under Ordinance 1491 to install up to $1200 worth of street improvements; sidewalk reconstruction and gutter installation can be completed for the $1200; he has applied for a deferral and offers a covenant as a condition to the deferral; the gutter in this case abuts an existing gutter and would provide a beneficial improvement.) was presented. Moved by Van Deventer, seconded by Waters, in favor of Staff's recommendation. Carried by unanimous vote. The City Engineer's recommendation to DENY DEFERRAL of CURB and GUTTER requirements and APPROVE DEFERRAL of PAVING adjacent to 2825 "I" Avenue, Carcache (Owner has an obligation under Ordinance 1491 to install up to $650 in street improvements adjacent to his property; curb and gutter is extimated to cost about $650; he applied for a deferral on the grounds that a 1911 Act would be a more complete improvement and signed a cove- nant not to protest a 1911 Act; the existing curb is broken and deteri- 10/16/79 23 orated for nearly its entire length.) was presented. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation. Carried by unanimous vote. The City Engineer's recommendation to DENY DEFERRAL of CURB and GUTTER on 9th Street adjacent to 821 Paradise Drive, Hepler (Owner has an obli- gation under Ordinance 1491 to install up to $717 worth of street im- provements; 9th Street adjacent to his home is rough graded but unim- proved; a curb and gutter would help to demark the travelled way and provide a benefit to the property and to motorists; the owner believes a 1911 Act improvement would be a more complete improvement of 9th Street and has signed a covenant not to protest a 1911 Act.) was presented. Moved by Waters, seconded by Van Deventer, in favor of the City Engi- neer's recommendation. Carried by unanimous vote. The City Engineer's recommendation to APPROVE DRIVEWAY within 25' of lot line at 2334 Prospect (Ordinance 1473 requires special approval of drives within 25' of property line; the Engineering Department poses no objec- tion to the driveway as proposed.) was presented. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Carried by unanmious vote. Councilman Waters congratulated the City Engineer on his recommendations. The APPLICATION for ON -SALE BEER AND WINE EATING PLACE license, personal transfer of Anthony M. and Leatrice J. Delia and Hampton R. and Marie A. Mitchem, dba CARMELINA'S PIZZA, 2837 Highland Avenue, was presented. Moved by Waters, seconded by Camacho, in favor of Carmelina's Pizza, 2837 Highland Avenue, Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The APPLICATION for ON -SALE BEER license, personal transfer (dropping partner) of Glen and Sandra Hughes, dba SWEETWATER INN, 1621 Sweetwater Road, was presented. Moved by Waters, seconded by Camacho, in favor of Sweetwater Inn, 1621 Sweetwater Road. Carried, by the following vote, to -wit: Ayes, Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The ANNUAL AUDIT REPORT, from Wayne Carroll, of the financial records of the City for the fiscal year ended June 30, 1979 (The City Treasurer/ Finance Director recommended the report be accepted and a copy filed with the City Clerk) was presented. Discussion. Ordered filed by unan- imous vote. The City Treasurer/Finance Director's request for ratification of WARRANT REGISTERIA. 15 dated, October 16, 1979, in the amount of $109,175.53 (Warrants Nos. 66,306 through 66,372) and confirmation of PAYROLL in the amount of $188,860.40 for the period ending September 30, 1979 were presented. Moved by Dalla, seconded by Van Deventer, the demands be ratified and the pavroj,1 confirmed. Carried, by the following vote, to -wit: Ayes: Camacho, Delia, Van Deventer, Waters, Morgan. Nays: None. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 73-79, Approving application for zone variance to allow reduction in the required number of off-street parking spaces at 907 "A" Avenue was presented. No action taken or required. CITY MANAGER - No report. CITY ATTORNEY - No report. 10/16/79 24 OTHER STAFF - No report. MAYOR Mayor Morgan suggested the closing of 21st Street from "A" Avenue to National City Boulevard. Moved by Morgan, seconded by Waters, staff prepare the closing of 21st Street from "A" Avenue to National City Boulevard and hold until the 21 Club is torn down. Carried by unanimous vote. CITY COUNCIL Councilman Van Deventer spoke in regard to CPO, saying sometimes the meetings are long and they listen to problems of water and the South Bay; and sometimes there is good information; on Monday Robert Hiegly, County Communications Division, spoke regarding the "911" EMERGENCY NUMBER; he would like Council to support this; an individual would dial "911" from any area and would reach our Police Department; the County of San Diego has spent over a million dollars for the computer to do this; it will cost the City nothing; Coronado and Escondido are in process of having it installed; it would be an asset to the City. Moved by Van Deventer, seconded by Dalla, in favor of "911". Carried by unanimous vote. Councilman Van Deventer said the City and County of San Diego have asked all area cities to decide which way to go on the June ballot issue re- garding the airport; should the vote be county -wide or City of San Diego only; we are going to have to act on it. Mayor Morgan requested Council be kept advised, Councilman Van Deventer said he would bring the matter back when more information was available. Vice Mayor Dalla reported receipt of correspondence from the Department of Transportation regarding 252 and procedures and asked who is respond- ing. The City Manager replied Dale Hoffland. City Engineer Hoffland said they are meeting in October and will recommend recision procedures be followed and that would require hearings; we are recommending that procedure not be followed. City Attorney McLean said if the State goes ahead with their intention to abandon 252, that might trigger the EIR. Councilman Waters reported receipt of a letter of thanks from the dir- ector of MEALS -ON -WHEELS, Mr. Weiner; the letter also outlined their program for the year. Councilman Waters asked Asst. City Mgr. Ballard about the SWIM CLUB building; they want complete rights to it; that is not right. Mr. Ballard said he was merely providing information requested by Council. Council- man Waters said they want the City to help build and they want exclusive rights to it; since it is in our park and built with City help, they should be able to use it but not have exclusive rights to it. Discussion. Mayor Morgan said staff should work with them; this can be worked out. Further discussion. Mayor Morgan recommended Council wait for a report. PUBLIC HEARINGS The continued 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 with 13' 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) was held at this time. Planning Director Gerschler reported the Planning Commission denied the zone variance and the applicant appealed; the Planning Commission denied the Variance to allow the 13' lot; the showing required by law was not made. FRED PUHN, 425 Shell, was present and said he agreed with the previous finding; all the other people in the area have 50' frontage. Councilman Waters stated he was on the top of the hill looking at this; the subdivider could have up to 48 units at thQ 6-1C acre dam i4 y and -.hat 1-a ' l y building 24; he .0/16/79 25 is well within the density and asked if he had the right to go to apart- ments. The Planning Director said the area was zoned for single family dwellings. STEPHEN LAMPRIDES, 121 Broadway, San Diego, representing the subdivider; was present and stated the owner authorized him to withdraw the request for variance; he has remedied the one lot. Mr. Lamprides gave copies of the newly drawn map to each member of the Council and to the Planning Director. The City Attorney advised that the hearing should be closed and the appeal dismissed. Moved by Waters, seconded by Van Deventer, regarding the Planning Commission Resolution 62-79 and appeal of owne1 on the zone variance to allow a lot within the proposed Shell Manor II Subdivision with 13' of street frontages the public hear- ing be closed and the appeal dismissed* Carried by unanimous vote. The continued HEARING on the TENTATIVE SUBDIVISION MAP, SHELL MANOR II, east of Shell Avenue, south of Capella Street, 5-48 (Planning Commission recommended denial.) was held at this time. Plan. Dir. Gerschler re- ported the Planning Commission recommended denial and staff concurs; the map which was originally presented was found to be a long way from what is required. City Attorney McLean said Council now has before it a map that was not before the Planning Commission and Council might wish to refer the new map to the Planning Commission. Discussion. STEPHEN LAMPRIDES, 121 Broadway, San Diego, was present and stated the new map shows 24 lots instead of 25, which eliminated the need for variance. Plan, Dir. Gerschler said the Planning Commission could not review the new map until early November; there are other things that need to be done if the map is to be approved. Discussion. Moved by Waters, seconded by Van Deventer, this be referred back to the Planning Com- mission. Carried by unanimous vote. The HEARING on City Council's APPEAL of Planning Commission Resolution No. 68-79, APPROVING application 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 Road (DENNY'S), CUP 1979-9 was held at this time. The City Clerk reported the Affidavit of Mailing and Certificate of Publication were on file. Planning Director Gerschler stated staff concurred with the Planning Commission; Council appealed. STEPHEN J. KAHL, 4433 Montalvo Street, San Diego, was present represent- ing Denny's, and spoke in favor of the CUP. Discussion. Vice Mayor Dalla asked the City Attorney if a motion would carry if there were two ayes, two abstentions and one no. The City Attorney advised the motion would require a majority of a quorum., Vice Mayor Dalla stated he had a personal dilemma; some time ago he asked for an opinion regarding liquor licenses. The City Attorney advised that the fact that Mr. Dalla was in the restaurant business and had a liquor license does not disable him and is not a conflict of interest; unless he would gain from it or the business was across the street from him, there was no disabling conflict. Councilman Waters asked Mr, Kahl if he could live with closing the liquor sales at midnight and Mr. Kahl stated they controlled the atmo- sphere within the restaurant, the restaurant is a 24-hour operation; they could live with that. Questions were raised regarding whether the parking was adequate at the new site, at the Big Yellow House or at the Bowling Alley, Community Development Dir. Peterson was present and said he was not prepared to comment on the parking; Denny's analyzed the park- ing and felt it was adequate for their purposes. Further discussion. Moved by Waters, that the hearing be closed and approve Denny's liquor license at 1904 Sweetwater Road and they not be able to sell liquor be- yond midnight and all stipulations of staff and the Planning Commission be adhered to. Died for lack of second. 10/16/79 26 Moved by Camacho, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:47 p.m. CITY CLERK CI OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council at their regular meeting of October 23, 1979. Corrections No corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA 10/16/79