Loading...
HomeMy WebLinkAbout1979 11-20 CC MIN42 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 20, 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 Dalia. ROLL CALL Council members present: Camacho, Dalia, Van Deventer, Waters. Absent: Morgan. Administrative officials present: Ballard, Dep. City Atty. Beam, 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, Rod Barr, First United Methodist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of November 13, 1979, be approved,. Carried by unanimous vote. Absent: Morgans PUBLIC ORAL COMMUNICATIONS RAYMOND HINOJOSA, 620 Buttercup, was present and asked where Mayor Morgan was and was advised the Mayor was spending Thanksgiving with his family. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolution be presented by title only. Carried by unanimous vote. Absent: Morgan, Resolution No. 13,171, "RESOLUTION DENYING AN APPLICATION FOR CONDITIONAL USE PERMIT (CUP-1979-6) TO ALLOW AN AUTOMOTIVE TUNE-UP FACILITY ON PROP- ERTY LOCATED AT 333 HIGHLAND AVENUE." Moved by Van Deventer, seconded by Waters, Resolution No. 13,171 be adopted, Carried by unanimous vote. Absent: Morgan, Resolution No. 13,172, "RESOLUTION GRANTING CONDITIONAL USE PERMIT NO. 1979-9 TO ALLOW THE SERVICE OF ALCOHOLIC BEVERAGES OVER A BAR, INCIDENTAL TO THE SALE OF FOOD ON PROPERTY LOCATED AT 1904 SWEETWATER ROAD (Denny's Inc. - Alan J. Hart)." Moved by Waters, seconded by Camacho, Resolution No. 13,172 be adopted. Absent: Morgan. Vice Mayor Dalia commented for the record that he has reservations about this particular project be- cause of the parking and he did not think it would be a desirable place to be at during certain times of the day. Motion carried by unanimous vote. Resolution No. 13,173, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE 21ST STREET FROM 'AT AVENUE TO NATIONAL CITY BOULEVARD." Moved by Waters, seconded by Camacho, Resolution No. 13,173 be adopted. Councilman Waters inquired if the resolution included that the street was to be vacated only if Club 21 was torn down. Dep. City Atty. Beam said it would be included at the time the street was vacated. Carried by unanimous vote. Absent: Morgans Resolution No. 13,174, "RESOLUTION SUPPORTING THE IMPLEMENTATION OF LOCAL EMERGENCY TELEPHONE SYSTEM '911'." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,174 be adopted. Carried by unanimous vote. Absent: Morgan. Moved by Waters, seconded by Van Deventer, the City Manager write to Sacramento and tell them we do object to SB 374 (which would change the state funding of the system). Carried by unanimous vote. Absent: Morgan. Resolution No. 13,175, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE 11/20/79 43 AND CLOSE THE SOUTHERLY 125 FEET OF THE ALLEY LOCATED BETWEEN 17TH AND 18TH STREETS, WEST OF WILSON AVENUE (BLOCK NO. 175)." Moved by Van Deventer, seconded by Waters, Resolution No. 13,175 be adopted. Carried by unanimous vote. Absent: Morgan. NEW BUSINESS The City Engineer's recommendation to approve CHANGE ORDER NO. 3 to the contract with L. R. Hubbard, Jr. for improvement of KIMBALL PARK PHASE II and III-B (Underground Utility District No. 11 provides underground elec- trical power facilities from "D" Ave. to Kimball Park. This district was expedited in order to meet requirements for grant funds for Kimball Park and was advanced one year. Due to revised scheduling, a change order is necessary to the current contract for improvement of Kimball Park...net contract cost increase of $11,197 and ten days of contract time.) was presented. Moved by Waters, seconded by Camacho, in favor of the City Engineer's recommendation. Carried by unanimous vote. Absent: Morgan. The NATIONAL CITY CHAMBER OF COMMERCE'S request to serve ALCOHOLIC BEVER- AGES in the Kimball COMMUNITY BUILDING (Chanber has reserved the Community Building facilities to hold its Annual Dinner meeting on the evening of January 26, 1980, approximately 200 persons are expected to attend; they have requested Council authorization to serve alcoholic beverages; the Chamber has proper insurance coverage. Staff recommends approval subject to the Chamber of Commerce obtaining required permit from the Dept. of Alcoholic Beverage Control and approval of security provision by Chief of Police) was presented. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation. Carried by unanimous vote. Absent: Morgan. NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION'S request to serve ALCO- HOLIC BEVERAGES in Kimball COMMUNITY BUILDING (NCMEA has reserved the Community Building for its Annual Christmas Party Dinner/Dance on the evening of December 15, 1979; approximately 250 persons are expected to attend; the organization has requested authorization to serve alcoholic beverages in conjunction with the event. Staff recommends approval of the request subject to tl3e following conditions: liability and property damage insurance in the amounts of $100,000 and $300,000; alcoholic bev- erage control permit; and security arrangements approved by the Chief of Police.) was presented. Moved by Van Deventer, seconded by Waters, in favor of Staff's recommendation. Carried by unanimous vote. Absent: Morgan. A PETITION for 1911 ACT IMPROVEMENT at 1318 Lanoitan Ave. (City Clerk recommended it be referred to City Engineer for report) was presented. Moved by Camacho, seconded by Waters, it be referred to the City Engineer. Carried by unanimous vote. Absent: Morgan. The NEW LIFE MINISTRIES' request to hold a GOSPEL STREET meeting at 7th and National (NLM has requested authorization to hold a gospel street meeting at 7th and National Dec. 8, 1979, on the parking lot behind U. S. Nat'l Bank; it will consist of gospel music provided by a gospel band, sermon, and testimonies; they have requested exception on noise regula- tions to permit up to 100 db; temporary use permit for this has been pro- cessed and approved by Police, Fire, Planning and Bldg. & Housing Depts.; Staff recommends approval subject to conditions and control indicated) was presented, ALFONSO DUENEZ, 1641 "B" Ave. (proponent) was present. Plan. Dir. Gerschler questioned the 100 db sound level. Mr. Duenez said he would agree to 65 db.; however, the site of the meeting might have to be moved to Highland Avenue. Moved by Van Deventer, seconded by Camacho, to hold this over for one week. Carried by unanimous vote. Absent: Morgan. The General Services/Police Department request for authorization to PURCHASE two VEHICLES (...the Purchasing Division, in conjunction with 11/20/79 44 the Chief of Police, located two 1979 vehicles suitable for detective usage; these vehicles, a Dodge Omni and a Dodge Aspen, were chosen after careful scrutiny of available 1979 vehicles at National City dealerships; they were chosen due to the fleet utility, gas mileage of 21 and 15 MPG, engine size of 4 and 6 cyl., immediate availability and pricing; the purchase is considered to be a special circumstance under Muni. Code 2.60.220D; it is recommended this bid be awarded to Stanley Dodge, in the amount of $12,027.) was presented. Moved by Waters, seconded by Camacho, in favor of the Chief of Police's request as long as it is within the budget. Carried by unanimous vote. Absent: Morgan. The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 20, dated 11/20/79, in the amount of $142,525.00 (Warrants Nos. 66633 through 66709) was presented. Moved by Waters, seconded by Camacho, these bills be paid and warrants drawn. Carried, by the fol- lowing vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Absent: Morgan. The City Treasurer/Finance Director's FINANCIAL STATEMENT for the month ending October 31, 1979, was presented. Moved by Camacho, seconded by Van Deventer, it be filed. Carried by unanimous vote. Absent: Morgan. PUBLIC HEARING The HEARING on proposed ZONE CHANGE ZC-12-79, to rezone from RT (Resi- dential Two Family) to RS-2 (Residential Single Family) the block bounded by 22nd Street, Las Palmas Park, 24th Street and "N" Avenue was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. The Planning Director reported Planning Commission and staff recommended approval. No one was present in this regard. Moved by Waters, seconded by Camacho, the public hear- ing be closed and the proposed zone change ZC-12-79 to rezone from RT to RS-2 the block bounded by 22nd Street, Las Palmas Park, 24th Street and "N" Avenue as recommended by the Planning Commission and Planning Depart- ment. Carried by unanimous vote. Absent: Morgan. OTHER BUSINESS PLANNING The REVISED TENTATIVE SUBDIVISION MAP for SHELL MANOR II, east of Shell Avenue, South of Capella Street (Planning Commission recommended the adoption of the fourth revised Shell Manor II Map subject to conditions set forth in staff report; the Planning Commission is familiar with the contents of the EIR; the map meets and does not conflict with the General Plan and the Planning Commission found no negative items to appear) was presented. Plan. Director Gerschler reported when the map was last be- fore Council, Council instructed staff to review the case with the sub- divider and develop a map that would meet Planning standards; the map did go back to the Planning Commission and was changed; the Planning commis- sion was advised that the map doesn't meet all standards but it is prob- ably about as close as the topography, size, shape, etc. will allow; the 13' lot has been eliminated; the street has been widened to full 40' road- way width throughout; the drainage system has been revised and the map has the support and approval of FHA. FRED PUHN, 425 Shell St., was pres- ent and distributed pictures of nearby properties which were damaged by flooding, mudslides, etc. caused by a hillside development in the City of San Diego. Mr. Puhn said with the steep slopes planned for Shell Manor II you are just asking for trouble; the subdivision downgrades the surrounding properties; we do not need more minimal houses in the City; this is a beautiful hillside with a view of all of San Diego; there is no reason to have 60 x 65' lots; he would like to see minimum lot sizes of 7500 sq. ft.. RAYMOND HINOJOSA, 620 Buttercup, was present and spoke of flooding, erosion and mudslides and the impact on schools caused by the additional students. Discussion. EVERTT WADE, 3427 Lou Street, was present and said the lots are small, the plans show berms for water di- version but not the size of the berms, and asked how the water will run off the hill. Mr. Wade also stated his water pressure is so low that he 11/20/79 45 could not envision added water service to the development. The City Manager was asked to check with Sweetwater Authority and to advise Mr. Wade. Discussion. ABEL FORDOSSO, 3411 Lou Street, was present and said he has a swimming pool and asked if they will guarantee there will be no mudslide or landslide. STEPHEN LAMPRIDES, Lamprides Environmental Orga- nization, 121 Broadway, San Diego, was present and said the owner, Thomas Masuto was not able to be present tonight and requested a one week con- tinuance until he would be able to be here. Mr. Lamprides said relative to to the matter of water pressure, they have a letter from Sweetwater Authority stating water pressure will be available for domestic uses and for fire fighting and suppression; they will be installing a water main and it is possible the entire area will benefit. Mr. Lamprides contin- ued they have had studies and extensive engineering on the drainage and the conclusion is that existing city facilities can accomodate drainage from the property. Discussion regarding potential damage from this de- velopment to adjacent properties; could the subdivider guarantee there would be no damage; what recourse would the adjacent owners have if there was damage. The City Engineer explained how the drainage was designed to minimize the amount of water and how maintenance of the slopes would pre- vent erosion. Discussion. The Planning Director said Council is asking if the design is adequate to carry away water and the City Engineer has indicated that it is; maintenance standards will be incorporated in the CC&Rs. Deputy City Attorney Beam advised that it was within Council's discretion to impose a condition which requires the maintenance of things like the ditches, ground cover and the like for a limited period of time to assure smooth operation, Council would do so by means of conditions imposed which say that Council does not find the site physically suited for this because of potential problems in the event the drainage struc- tures, etc. are not maintained but only for a period of time; he did not believe Council had the opportunity to impose the conditions in perpe- tuity...but the developer could be required to post a bond for a length of time after the improvements are installed, the drainage and ground cover, to the point where they were designed as recommended by the Plan- ning Director and the City Engineer; the rights involved at that time are the rights of both property owners, be they upstream or downstream and are rights not normally within the regulations of the subdivision map act. Discussion. Mr. Beam said the Council does have a right under the subdivision map act to require drainage, ground cover, etc. and to re- quire the developer to maintain them for a reasonab2.0 period of time but he did not believe Council had the authority to require the subdivider to post a bond for a relatively long period of time; Engineering or Planning could advise how long it would take for the ground cover to develop, etc. Discussion. The Planning Director said that even un-graded, stable land occasionally gets away; safety is something that cannot be guaranteed; no bond will correct that; this particular site Could not be used without substantial grading; possibly the only absolute guarantee staff could give that the soil would not give way would be to have nothing there; the grading has been guaranteed by three engineering firms and the City Engi- neer; if Council has questions, they should be referred back to the City Engineer; he could not guarantee the slopes will not fail, but he does know what is proper design with regard to safety. Discussion. Moved by Waters, seconded by Camacho, to continue this item for one week and in- struct this individual to come in with detailed plans and be prepared to answer questions raised here tonight. Deputy City Attorney Beam asked Mr. Lamprides if he waived, on behalf of his client, the one week's con- tinuance under the provisions of the subdivision map act mandatory ap- proval. Mr. Lamprides answered if he meant the fifty days, that was agreeable. Councilman Van Deventer said the City Engineer and Planning Director should look into some of the things brought up tonight. FRED PUHN asked that the matter be resolved and not continued. RAYMOND HINOJOSA offered to show members of the Council damage that resulted from the mud and landslides caused by the other development. An uniden- tified man asked if Council was familiar with the EIR, the Soils Report and the Geology Report. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters. Nays: Dalla. Absent: Morgan. 11/20/79 46 The TENTATIVE SUBDIVISION MAP for PARADISE HEIGHTS SUBDIVISION, 515, 2530-2802 Hill Drive, a private street (map proposes the division of a 5.2 acre area entirely within grounds of Paradise Valley Hospital into sixteen leaseholds, fifteen of which contain existing single family dwellings; resulting density is 3.1 units per acre; none of the created leaseholds to be sold but controlled with leasehold agreements by Paradise Valley Hospital) was presented. Planning Dir. Gerschler re- ported the map was approved by Planning Commission and Staff. Moved by Camacho, seconded by Van Deventer, in favor of the recommendation. Carried by unanimous vote. Absent: Morgan. The Planning Director re- quested the conditions as outlined on the agenda be included. Moved by Camacho, seconded by Van Deventer, the conditions be approved. Carried by unanimous vote. Absent: Morgan. The Planning Commission's report on the DISPOSITION of CITY -OWNED PROPERTY at 1010 Coolidge Ave., Assessor's Parcel 555-103-09 was pre- sented. Ordered filed by unanimous vote. Absent: Morgan. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 76-79 denying an application for Conditional Use Permit to allow minor auto repair on property located at 2315 Highland Avenue was presented. Moved by Waters, seconded by Dalla, it be filed. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters. Nays: None. Abstaining: Van Deventer. Absent: Morgan. Vice Mayor Dalla explained Mr. Van Deventer did not vote on recommen- dation of the City Attorney as this was within the scope of conflict of interest. Councilman Camacho requested the record show that he felt bad about this as the gentleman keeps an immaculate shop and he is an asset to the community. Planning Commission Resolution No. 78-79, approving an application for Planned Development Permit to allow a two-story enclosed mall, regional shopping center on property located at 3106 Sweetwater Road (PD-15-79) was presented. Ordered filed by unanimous vote. Absent: Morgan. CITY MANAGER - No report. CITY ATTORNEY - No report, OTHER STAFF - No report. CITY COUNCIL Councilman Van Deventer inquired if there would be Council meetings on December 25 and January 1; he needed clarification as he had been asked and wanted to inform people ahead of time. Councilman Van Deventer spoke of the number of bicycles on the streets at night without lights and said he would like to see a little more P.R. work with the school systems all the way to Junior High and perhaps the paper remind everyone that lights are required on bicycles at night; it might prevent accidents. Councilman Waters inquired about the calendars and was advised they were at the printers. Councilman Waters asked if there would be any Christmas displays on 12th Street. Asst, City Mgr. Ballard advised that decorations have been ordered. 11/20/79 47 ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. Absent: Morgan. The meeting closed at 8:51 p.m. CITY CLERK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council at their regular meeting of November 27, 1979. E] Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 11/20/79