Loading...
HomeMy WebLinkAbout1979 11-06 CC MIN31 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 6, 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 silent prayer for Councilman Camacho's brother and invocation by the Rev. Rod Barr, First United Methodist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalla, the minutes of the regular meeting of October 231, 1979, be approved with a correction to line 3, FP 2, page 27 (omit "Gerschler".) Carried by unanimous vote. Absent: Camacho. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed Proclamation of YOUTH APPRECIATION WEEK was read. Moved by Waters, seconded by Van Deventer, the Proclamation be adopted. Carried by unanimous vote. Absent: Camacho. Mayor Morgan presented the proclamation to Jay Cornell, Optimists Club. PUBLIC ORAL COMMUNICATIONS PAUL MARSHALL, 3026 East 19th St., was present and inquired when work would commence on the 1911 Act Improvement of 19th between Granger and Rachael. The City Engineer reported an expensive water main is required for fire protection; a provision of State statute is that if a public agency is responsible for the water mains, they must prepare the plans; Sweetwater Authority is preparing the plans now but that procedure has delayed action about three months. Moved by Morgan, seconded by Waters, the City Manager be authorized to look into this and bring back a report to Council on when the water main plans will be in hand and when we can go to bid. The City Manager was requested to telephone Mr. Marshall when he has the information. Carried by unanimous vote. Absent: Camacho. Moved by Morgan, seconded by Van Deventer, the City Manager be authorized to come up with 1911 Acts he thinks can be handle outside --whether or not we should hire an outside engineer. Carried by unanimous vote. Absent: Camacho. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Waters, the Resolutions be read by title only. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,156, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (227 East 4th Street, Woodruff)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,156 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,157, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (2125 'N' Avenue, Watson)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,157 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,158$ "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FINDING AND DETERMINING THAT IT IS NECESSARY 11/6/79 32 TO INSTALL CERTAIN PUBLIC IMPROVEMENTS AS PART OF THE E. J. CHRISTMAN BUSINESS & INDUSTRIAL PARK REDEVELOPMENT PROJECT, AMENDMENT NO. II." Moved by Van Deventer, seconded by Waters, Resolution No. 13,158 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No, 13,159, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed from Dante Selvaggi)." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,159 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,160, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Fig Court)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,160 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,161, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING CHIEF OF POLICE TO PARTICIPATE IN THE CALI- FORNIA WITNESS PROTECTION PROGRAM (CWPP) AND TO EXECUTE STANDARD AGREE- MENTS THEREFORE." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,161 be adopted, Carried by unanimous vote. Absent: Camacho. Resolution No. 13,162, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Resurfacing of El Toyon Tennis Courts, Harold Eastwood, Spec. No, 907)." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,162 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,163, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF AND RESCINDING RESOLUTION NO. 13,151 (2604 East 15th Street, Carroll)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,163 be adopted. Carried by unanimous vote. Absent: Camacho, Resolution No. 13,164, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed from Paul W. & Joan M. Dunn, Vincent E. & Betty T, Sund, Windfield W. & Juanita Tobey for Street Purposes)." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,164 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,165, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Portion of 'N' Avenue)." Moved by Dalla, seconded by Waters, Resolution No. 13,165 be adopted. Carried by unanimous vote. Absent: Camacho. Resolution No. 13,166, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (2124 & 2128 Rachael Avenue, Gretler)." Moved by Dalla, seconded by Van Deventer, Resolution No. 13,166 be adopted. Carried by unanimous vote. Absent: Camacho. INTRODUCTION OF ORDINANCES Moved by Van Deventer, seconded by Dalla, the Ordinance be presented by title only. Carried by unanimous vote. Absent: Camacho. Ordinance No. 11-6-79-1, AN ORDINANCE IMPOSING A COLLECTION FEE FOR COST OF COLLECTING CHECKS ISSUED TO THE CITY OF NATIONAL CITY WHICH ARE DIS- HONORED." PUBLIC HEARINGS The continued HEARING ON APPEAL of the conditions attached to Condition- al Use Permit No. CUP 1979-6, Tune -Up Masters, 333 Highland Avenue was held at this time. The Planning Director stated the Planning Commission approved the CUP subject to ten conditions; the applicant has appealed those conditions. Dean Shrine, Tune -Up Masters, 21031 Ventura Blvd., Woodland Hills, was present and stated they appealed these conditions as 11/6/79 33 the cost would be prohibitive and doing business under these conditions would lead to a commercially unviable enterprise; their estimate is they would cost $28,000; they would have to pass the costs on to the con- sumers. Discussion. Moved by Waters, seconded by Van Deventer, the appeal of the conditions attached to Conditional Use Permit No. CUP 1979-6 be denied and the hearing be closed. Discussion re the business locating on Highland Ave.; National City Blvd. is the place for it. Moved by Morgan, the motion be amended to include denying the Planning Commission's approval and deny the business going in on Highland Avenue. Moved by Dalla, seconded by Van Deventer, the motion be tabled until later in the meeting. Carried by unanimous vote. Absent: Camacho. The HEARING on STREET VACATION, portion of HARRISON AVENUE between 19th and 20th Streets, SC-4-79, was held at this time. The City Clerk re- ported the Certificate of Publication and Affidavit of Posting were on file. Plan. Dir. Gerschler reported the Planning Commission and staff recommend approval subject to four conditions. BILL STEEN, Lawrence - Fogg -Smith Assoc., 8580 La Mesa Blvd., was present and stated they rep- resent Key Container Co., the applicant; and requested clarification of condition No. 2 (40' wide fire apparatus access). Discussion. Moved by Morgan, seconded by Waters, the public hearing be closed and the street vacation be aEproved subject to the conditions of staff and Planning Commission. Carried by unanimous vote. Absent: Camacho. The HEARING on APPEAL of Planning Commission decision on ABANDONDMENT OF USE in jewelry shop located at 740 National City Blvd. was called at this time. The City Clerk reported receipt of a letter from Kent W. Hildreth, attorney for Samuel's of California, Inc. stating they have applied for a zone variance and requesting the hearing be continued until after the expected date of approval of the zone variance. Moved by Dalla, seconded by Van Deventer, the hearing be continued to 7:45 p.m., January 8, 1980. Carried by unanimous vote. Absent: Camacho. The HEARING on APPEAL of decision on INOPERABLE VEHICLE located at 604 East lst St., owned by Leone and Celia Lopez was held at this time. The City Clerk reported notice of the hearing was sent by certified mail and the return receipt was received. Plan. Dir. Gerschler reported Staff finds the vehicle is still on the property and recommends Council make a finding of violation. No one was present in this regard. Moved by Waters, seconded by Van Deventer, the public hearing be closed in regard to 604 East lst Street and staff be directed to do whatever necessary to move that vehicle. Carried by unanimous vote. Absent: Camacho. NEW BUSINESS The CLAIM FOR DAMAGES of Ms. Jimi Hendrix for personal damages arising from an incident on July 24, 1979 was presented. Moved by Dalla, sec - ended by Van Deventer, the claim be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Camacho. The CLAIM FOR DAMAGES of Mrs. Lucetta Ganoung for personal damages re- sulting from an accident on August 16, 1979 was presented. Moved by Dalla, seconded by Van Deventer, the claim be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Camacho. The application for Type 20 OFF -SALE BEER AND WINE LICENSE of Moe H. Bari and Abdur Rauf, person to person transfer, dba SWISS FARMS DAIRY STORE, 307 North Highland Ave. was presented. Moved by Waters, seconded by Van Deventer, in favor of the application for Swiss Farms Dairy Store at 307 North Highland. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Absent: Camacho. Abstain- ing: Morgan. The application for Type 41 ON -SALE BEER AND WINE LICENSE of Riley W. Tatum, person to person transfer, dba TEXAS CAT FISH HUT #2, 11/6/79 34 3120 Plaza Boulevard, was presented. Moved by Van Deventer, seconded by Dalla, in favor of the application. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Absent: Camacho. Abstaining: Morgan. The application for Type 20, OFF -SALE BEER AND WINE LICENSE, person to person transfer (dropping partner), of The Southland Corporation and Robert A. Asperin, dba 7-ELEVEN FOOD STORE #2001-16669, 1539 East 8th Street, was presented. Moved by Waters, seconded by Dalla, in favor of 7-Eleven at 1539 East 8th Street. Carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Absent: Camacho. Abstaining: Morgan. The City Engineer's recommendation to APPROVE CHANGE ORDER NO. 2 to the contract with L. R. Hubbard for improvement of Kimball Park Phases II and III (The Park and Recreation Superintendent recommended that two basketball goals be installed under the improvement contract to Kimball Park. The project consultant, Van Dyke -Halsey, negotiated a price of $1,474 for this work.) was presented. Moved by Waters, seconded by Van Deventer, in favor of Change Order No. 2. Discussion. Carried by unanimous vote. Absent: Camacho. The City Engineer's recommendation to APPROVE EXEMPTION of requirements to install SIDEWALK on Haffley Avenue adjacent to 901 West 24th Street, Georgia-Pacific (Haffley Avenue adjacent to Georgia-Pacific building is improved with a landscaped parkway. Under Ordinance 1491, sidewalks are required. The property owner has applied for an exemption because to install sidewalk would require the removal of one-third of the land- scaping.) was presented. Moved by Waters, this request be denied. Died for lack of second. Moved by Morgan, seconded by Van Deventer the re- quest be approved. Discussion. Motion tied and failed, by the follow- ing vote, to -wit: Ayes: Van Deventer, Morgan, Nays: Dalla, Waters. Absent: Camacho. Mayor Morgan requested the item be on the agenda for next week when a full Council will be present. (Sidewalk on Haffley Avenue) The City Engineer's recommendation of DENIAL OF DEFERRAL OF CURB AND GUTTER on. Sweetwater Road, adjacent to 2503, Mathews (The property owner has an obligation to install up to $547 worth of street improve- ments adjacent to his property at 2503 Sweetwater Road. Approximately 100' of curb and gutter can be installed for this amount of money) was presented. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation. Carried by unanimous vote. Absent: Camacho. D. LANGTON, 3929 Kansas Street, San Diego, former owner of 2503 Sweet- water Road was present and stated he had deposited $547.60 cash in lieu of bond to cover these improvements; he has sold the property; the new owner should pay and his $547.60 should be returned. The Mayor advised Mr. Langton to speak to the City Engineer. The request of the General Services and Fire Department for authorization to purchase one MEDICAL RESCUE UNIT, Bid #GS 7980-6 was presented. Moved by Van Deventer, seconded by Dalla, in favor of staff's recommendation. City Manager McCabe said the intention was to keep the existing unit for backup. Discussion. Fire Chief Bridges was present and said it was their intention to have the second unit in reserve. Further discussion. Carried by unanimous vote. Absent: Camacho. The City lkeasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 17, dated October 30, 1979, in the amount of $155,699.01 Warrants Nos. 66425 through 66514)1 confirmation of PAYROLL in the amount of $195,665.58 for the period ending October 15, 1979, and ratification of WARRANT REGISTER NO. 18 dated November 6, 1979, in the amount of $456,093.08 (Warrants Nos. 66515 through 66566) was presented. Moved by Dalla, seconded by Van Deventer, to ratify and confirm as requested. 11/6/79 35 Carried, by the following vote, to -wit: Ayes: Dallas Van Deventer, Waters, Morgan. Absent: Camacho. WRITTEN COMMUNICATIONS A letter from DENNY'S, INC. requesting clarification of action taken at the HEARING on appeal of City Council held October 16, 1979, in regard to Conditional Use Permit for Denny's, 1904 Sweetwater Road, was pre- sented. KEN McKEE, Director, Operational Services, Assistant Secretary, Denny's Inc., was present and inquired if Council's failure to act on the CUP meant the Planning Dommission's approval (as recommended by Resolution 68-79) was effective. Discussion. Moved by Van Deventer, seconded by Waters, to approve the Planning Commission's recommendations and the three conditions and this application with the added conditions that they cannot serve alcoholic beverages after twelve (midnight) and food be served in all areas where alcohol is served (amended motion). Discussion re adequacy of parking in the area. Motion carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Absent: Camacho. Abstaining: Morgan. OTHER BUSINESS PLANNING The TENTATIVE SUBDIVISION MAP, South Bay Garden Townhomes, 225 East 26th Street, H & F Development, Inc., S-3-79 (...consists of one lot with total area of approximately 31,842 sq. ft.; 12 unit condominium project to be developed...Planning staff concurs with Planning Commission recom- mendation for approval) was presented. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation. Carried by unanimous vote. Absent: Camacho. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 74-79, approving an application for zone variance to allow installation of a retaining wall in the front yard that exceeds 4' in height on property located at 2134 "K" Avenue. Ordered filed by unanimous vote. Absent: Camacho. Planning Commission Resolution No. 75-79, denying application for zone variance to allow the division of property that will concentrate a nonconforming use (two dwelling units on a parcel containing 5,000 square feet - one unit per lot rule in effect) into a single parcel of land at 1930 Orange Avenue. Ordered filed by unanimous vote. Absent: Camacho. CITY MANAGER - No report CITY ATTORNEY - No report OTHER STAFF The report of the Executive Director, Community Development Commission regarding REDEVELOPMENT along NATIONAL CITY BOULEVARD was presented. Exec. Dir. Peterson was present and said if Council wished to look at a larger picture, a redevelopment survey area, city-wide, could be autho- rized. Discussion. Moved by Morgan, seconded by Van Deventer, to authorize further study of redevelopment and the effect on the General Fund on a city-wide basis. Further discussion re use of outside con- sultants, extent of area to be redeveloped, funding for the project, and that the motion would authorize a study only. Carried by unanimou$ vote. Absent: Camacho. MAYOR Mayor Morgan's request for reconsideration of allowing REBUTTAL for measures to be included on the April 3, 1980 General Municipal Election ballot was presented. Moved by Morgan, seconded by Waters, there be no rebuttal. Carried by unanimous vote. Absent: Camacho. Moved by Morgan, seconded by Waters, the City Manager be authorized to 11/6/79 35 Carried, by the following vote, to -wit: Ayes: Dana, Van Deventer, Waters, Morgan. Absent: Camacho. WRITTEN COMMUNICATIONS A letter from DENNY'S, INC. requesting clarification of action taken at the HEARING on appeal of City Council held October 16, 1979, in regard to Conditional Use Permit for Denny's, 1904 Sweetwater Road, was pre- sented. KEN McKEE, Director, Operational Services, Assistant Secretary, Denny's Inc., was present and inquired if Council's failure to act on the CUP meant the Planning Dommission's approval (as recommended by Resolution 68-79) was effective. Discussion. Moved by Van Deventer, seconded by Waters, to approve the Planning Commissions recommendations and the three conditions and this application with the added conditions that they cannot serve alcoholic beverages after twelve kmidnight) and food be served in all areas where alcohol is served (amended motion). Discussion re adequacy of parking in the area. Motion carried, by the following vote, to -wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Absent: Camacho. Abstaining: Morgan. OTHER BUSINESS PLANNING The TENTATIVE SUBDIVISION MAP, South Bay Garden Townhomes, 225 East 26th Street, H & F Development, Inc., S-3-79 (...consists of one lot with total area of approximately 31,842 sq. ft.; 12 unit condominium project to be developed...Planning staff concurs with Planning Commission recom- mendation for approval) was presented. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation. Carried by unanimous vote. Absent: Camacho. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 74-79, approving an application for zone variance to allow installation of a retaining wall in the front yard that exceeds 4' in height on property located at 2134 "K" Avenue. Ordered filed by unanimous vote. Absent: Camacho. Planning Commission Resolution No, 75-79, denying application for zone variance to allow the division of property that will concentrate a nonconforming use (two dwelling units on a parcel containing 5,000 square feet - one unit per lot rule in effect) into a single parcel of land at 1930 Orange Avenue. Ordered filed by unanimous vote. Absent: Camacho, CITY MANAGER - No report CITY ATTORNEY - No report OTHER STAFF The report of the Executive Director, Community Development Commission regarding REDEVELOPMENT along NATIONAL CITY BOULEVARD was presented, Exec. Dir. Peterson was present and said if Council wished to look at a larger picture, a redevelopment survey area, city-wide, could be autho- rized. Discussion. Moved by Morgan, seconded by Van Deventer, to authorize further study of redevelopment and the effect on the General Fund on a city-wide basis. Further discussion re use of outside con- sultants, extent of area to be redeveloped, funding for the project, and that the motion would authorize a study only. Carried by unanimous vote. Absent: Camacho, MAYOR Mayor Morgan's request for reconsideration of allowing REBUTTAL for measures to be included on the April 3, 1980 General Municipal Election ballot was presented. Moved by Morgan, seconded by Waters, there be no rebuttal. Carried by unanimous vote. Absent: Camacho, Moved by Morgan, seconded by Waters, the City Manager be authorized to 11/6/79 36 move as quickly as possible to get money from the State to overpass or underpass this transit at 8th and Harbor. Vice Mayor Dalla said he would like to include 24th St., if they do Rt. 54 and raise the freeway, they are still going to have a lot of money left over to raise the rail- road tracks. The City Engineer said they would meet tomorrow to formal- ize the City's position; his recommendation so far has been to support Rt. 54 and the Sweetwater Channel providing the State reconstruct the pavement under 24th St,,, add to the capacity of the culvert under I-5 and restudy the interchange at 24th St. and make the necessary improve- ments to it to handle the port traffic. Included in motion and second. Councilman Van Deventer inquired about Civic Center Drive during peak hours. Included in motion and second for study. Carried by unanimous vote. Absent: Camacho. Vice Mayor Dalla inquired about the noise ordinance and whether it would include the racket being made at night at the terminal, with metal being dropped into ships. The Planning Director said that it would; it takes sophisticated machinery to measure the sound and as soon as their equip- ment is received they will be able to handle it. PUBLIC HEARINGS (Cont'd) The HEARING on APPEAL of Planning Commission's conditions attached to Conditional Use Permit No. CUP 1979-6 was continued at this time. The City Attorney stated the question was did Council have the right to deny the conditional use permit; Section 18.116.020 of the Code requires the applicant to show the site for the proposed use is adequate in size and shape, has sufficient access to streets and highways...that the proposed use will not have an adverse effect upon adjacent or abutting properties and that the proposed use is deemed essential and desirable to the pub- lic convenience or welfare. Discussion. Motion and second (to deny appeal and close hearing) withdrawn. Moved by Morgan, seconded by Waters, the Council finds that the proposed use will have an adverse effect on the adjoining properties and they be denied the use of this property for the purpose of a tune-up shop and the public hearing be closed. Carried by unanimous vote. Absent: Camacho. ADJOURNMENT Moved by Waters, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. Absent: Camacho. The meeting closed at 9:25 p.m. CITY CLK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council at their regular meeting of November 13, 1979. Corrections K' No Corrections R CITY OF NATIONAL CITY, CALIFORNIA 11/6/79