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HomeMy WebLinkAbout1979 12-11 CC MIN59 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 11, 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, Dana, 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. Frank Jordan, Highland Avenue Baptist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meetings of November 272 1979 and December 4, 1979 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS The Mayor's proposed re -appointment of Sidney Colvin to the Sweetwater Authority Board of Directors was presented. Moved by Waters, seconded by Van Deventer, the appointment be approved. Carried by unanimous vote. The Mayor's proposed re -appointments of Barbara Strahan as Chairperson and Daniel Murphy as Vice Chairperson to Committee for Housing & Community Development were presented. Moved by Camacho, seconded by Van Deventer, the re -appointments be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS MRS. EDWARD COOKE, 9929 Lemon Avenue, La Mesa, was present and requested that Council withdraw its protest to ABC on the application for 1602 East 4th St., National City. Mrs. Cooke outlined her 21 years of owner- ship of the property and said if the license was not issued she would have no income from the property. Councilman Waters advised her the reason Council protested the license was because residents in the area objected to another liquor license being issued. The City Attorney suggested that Mrs. Cooke obtain the names of the ten residents who signed the protest petition from the City Clerk. The Mayor advised her to contact them in an effort to change their viewpoint and, if success- ful, return to a future Council meeting and present her request again. ALFRED HLAWATSCH, 1239 East 30th St., National City, was present and related his difficulties using N. C. Transit System to go to Kaiser Hospital; in transferring he waited 22 minutes one time and 30 minutes another. Mayor Morgan asked the City Manager to discuss this with the N. C. Transit Manager. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be read by title only. Carried by unanimous vote. Resolution No. 13,186, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP SOUTH BAY GARDEN TOWNHOMES, 225 E. 26TH STREET, (S-3-79)." Moved by Waters, seconded by Van Deventer, Resolution No, 13,186 be adopted. Carried by unanimous vote. Resolution No. 13,187, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP - PARADISE HEIGHTS SUBDIVISION 2530 - 2802 AND 515 HILL DRIVE (S-4-79)." 12/11/79 60 Moved by Van Deventer, seconded by Camacho, Resolution No. 13,187 be adopted. Carried by unanimous vote. Resolution No. 13,188, "RESOLUTION VACATING TWENTIETH STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE, AND PORTION OF ADJOINING ALLEY TO THE NORTH. (SC-4-78)." Moved by Van Deventer, seconded by Waters, Resolution No. 13,188 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None,. Abstaining: Morgan, Resolution No. 13,189, "RESOLUTION ACCEPTING WORK ON CONTRACT WITH SELECT ELECTRIC FOR TRAFFIC SIGNAL AT PLAZA AND EUCLID, SPECIFICATION NO. 854 AND DIRECTING THE FILING OF NOTICE OF COMPL.ETION." Moved by Waters, seconded by Dalla, Resolution No. 13,189 be adopted. Carried by unanimous vote,. Resolution No, 13,190, "RESOLUTION AUTHORIZING ENGINEERING CONSULTANT AGREEMENT WITH RAYMOND MAXWELL FOR ENGINEERING SERVICES FOR ALLEY IM- PROVEMENT GROUP 3." Moved by Waters, seconded by Van Deventer, Resolution No. 13,190 be adopted. Carried by unanimous vote. Resolution No. 13,191, "RESOLUTION AUTHORIZING ENGINEERING CONSULTANT AGREEMENT WITH BIGGS ENGINEERING CORPORATION FOR ENGINEERING SERVICES IN CONNECTION WITH ALLEY IMPROVEMENT GROUP 4." Moved by Van Deventer, seconded by Camacho, Resolution 13,191 be adopted. Carried by the fol- lowing vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla, Resolution No, 13,192, "RESOLUTION AMENDING EARLIER ESTABLISHED REDEVEL- OPMENT SURVEY AREAS AND ESTABLISHING ANEW REDEVELOPMENT SURVEY AREA PURSUANT TO SECTIONS 33310 AND 33312 OF THE CALIFORNIA COMMUNITY REDE- VELOPMENT LAW." City Attorney McLean, in answer to Council's questions, outlined the procedure CDC would follow and emphasized that the Resolution authorized study and report only. Moved by Morgan, seconded by Camacho, Resolution No. 180.92 be adopted. Carried by unanimous vote, INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Van Deventer, the ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 12-11-79-1, "ORDINANCE AMENDING THE UNIFORM BUILDING CODE BY ADOPTING APPENDIX CHAPTER 7 RELATING TO COVERED MALL BUILDINGS." City Attorney McLean stated this was first reading only; the ordinance was not written as an urgency -ordinance. PUBLIC HEARING The HEARING on APPEAL of ZONING VIOLATION at 733 East 3rd St., National City, ZV-79-104 ...this is a probable violation of the NCLUC; appliance repair at this location requires a Conditional Use Permit; a notice of probable violation was directed to both the property owner and S & S Appliance repair: a timely appeal to this notice was filed by MS. SHERRY WHITTEMORE; the appeal was scheduled for hearing by the Planning Commis- sion; the Commission, at their meeting of November 12, 1979 took action to affirm the decision appealed is in violation; both the property owner and S & S Appliance Repair were notified of Planning Commission action by letter dated November 15, 1979; the Planning Commission decision was appealed; Staff concurs with Planning Commission) was heard at this time. The City Clerk reported the notice of hearing was sent by certified mail and the return receipt was received. STEVEN WHITTEMORE, 6447 Seascape Dr., San Diego, manager and owner was present and said an application for a Conditional Use Permit has been filed. Planning Director Gerschler stated the Planning Commission determined it was a violation, and this decision has been appealed to City Council; Staff recommends a finding of violation. Moved by Waters, seconded by Camacho, Council make a 12/11/79 61 finding of violation on the use of property at 733 E. 3rd St. and in- struct the City Attorney to withhold any action on prosecution for 60 days to allow them to file a Conditional Use Permit application. Carried by unanimous vote. The HEARING on APPEAL of ZONING VIOLATION at 3102 East 16th St., ZV-79- 124 (on 10/11/79 Mr. Terraza was citod for operating without a business license; investigation revealed a zoning violation [furniture manufac- turing and upholstery] in a C-1 zone; applicant appealed to Planning Commission; Planning Commission made a finding the use is a violation; applicant appealed that decision; Staff recommends the Planning Com- mission action be sustained and violation be referred to City Attorney for action) was held at this time. The City Clerk reported the notice of HEARING was sent by certified mail and the return receipt was re- ceived. Mr. JACK TERRAZA, 3102 E. 16th St., was present and stated he does not manufacture, just upholsters; in 1976, according to his under- standing, this building was used by Gordon's Industrial Ceramics for at least 9 months, and the City issued a license for this; he keeps the property clean and in good condition, and the apartment owner next door does not object; he is in business for himself, because he finds no one will hire a person his age; in checking properties in other areas, he has found the cost is $980 per month, which he cannot afford; he did not know it was not zoned for upholstery when he started his business. Moved by Waters, seconded by Van Deventer, he be found in violation of the use at 3102 E. 16th and be given 6 months to correct violation and move to proper zoning (amended motion). Discussion. City Attorney McLean advised if the motion carried, he would have to be granted a six-month business license. Carried by unanimous vote. NEW BUSINESS The request of the NATIONAL CITY EMPLOYEES' FEDERAL CREDIT UNION to re- new a Temporary Use Permit and Property Rental Agreement (...current TUP and Agreement expire 12/31/79; TUP authorizing use of modular office building on City property has been processed and approved by the Police, Fire, Planning, Finance and Building and Housing Depts. and the City Real Property Officer) was presented. Discussion. Moved by Morgan, seconded by Camacho, for approval of the request. Vice Mayor Dalla said he felt hypocritical about renewing it every year; he felt the first time they were looking for a site for a building and the use would be temporary; if they are going to be at this site permanently, the use should bg made something that doesn't have to come up every year. Includ- ed in motion. Carried by unanimous vote. The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 22, dated December 11, 1979, in the amount of $120,196.33 (Warrants Nos. 66844 through 66908) and confirmation of PAYROLL in the amount of $185,658,44 for the period ending November 30, 1979 was presented. Moved by Dalia, seconded by Camacho, the demands be ratified and payroll confirmed. Carried by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters, Morgan. Nays: None. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Moved by Morgan, seconded by Van Deventer, the City Attorney work up a landscape plan for R1 and R2 and as soon as possible on new development. Carried by Planner and City submit to Council unanimous vote, 12/11/79 62 CITY COUNCIL Vice Mayor Della suggested that if the Council meeting scheduled after the holidays is too long, it be continued. Moved by Camacho, seconded by Waters, the City Manager or Assistant City Manager write a letter of first refusal for the property -leased to Mr. Fierro, Carried by unanimous vote. Councilman Van Deventer reported Supervisor Hamilton requested Council reaffirm their endorsement of the County as the lead agency in the air management process and that at no time would the County over -rule us and also that Council direct the CPO representative to vote in favor of the County proposal when this matter is discussed by the CPO board and, if at the time a vote is taken, a weighted vote is called for that he second such a motion. Moved by Camacho, seconded by Waters, in favor of these recommendations. Carried by unanimous vote. Vice Mayor Dalla inquired about the status of the cement facility pro- posed for 24th St. Mayor Morgan tteplied that matter was pretty well dead. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote, The meeting closed at 8:15 p,m. CITY CLERK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council at their regular meeting of December 18, 1979, Corrections No Corrections MAY CITY OF NATIONAL CITY, CALIFORNIA 12/11/79