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HomeMy WebLinkAbout1978 02-28 CC MIN77 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FEBRUARY 28, 1978 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, Reid, Van Deventer, Morgan. Absent: None. Administrative officials present; Campbell, Gerschler, Gill, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by the Rev. Hubert Campbell. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meetings of February 14 and 21a 1978 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS Mayor Morgan's proposed appointment of Glidden Cook to the Street Tree and Parkway Committee was presented. Moved by Reid, seconded by Van Deventer, in favor of the Mayor's appointment. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS DON MATTISON, 315 Harbison, representing National City American Little League, was present to request Council's permission to conduct a BENEFIT SOFTBALL GAME at Pony Field and charge admission in order to buy new equipment that is badly needed; the charge will be $.50 for adults, $.25 for children. Moved by Camacho, seconded by Reid, we approve this request because they are in dire need of help. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these resolutions be presented by tl1 1e..° • Carried by unanimous vote. Resolution No, 12,650, "RESOLUTION APPROVING FINAL MAP FOR CENTER CITY SUBDIVISION," Moved by Camacho, seconded by Reid, Resolution No. 12,650 be adopted, Carried by unanimous vote. Resolution No. 12,651, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Refugia Garcia, 2245 Van Ness, Eng, No. 4229)." Moved by Reid, seconded by Van Deventer, Resolution N51 be adopted. Carried by unanimous vote, Resolution No. 12,652, "RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN CITY OF NATIONAL CITY AND CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION FOR COMMUTER BIKEWAY CONSTRUCTION KNOWN AS THE BAY ROUTE BIKEWAY." Moved by Van Deventer, seconded by Reid, Resolution No. 12,652 be adopted. Carried by unanimous vote. Resolution No. 12,653, "RESOLUTION AUTHORIZING EXECUTION OF ENGINEERING SERVICES CONTRACT BETWEEN AREVALO & SAFINO OF SAN DIEGO, INC. AND CITY OF NATIONAL CITY FOR DESIGN OF IMPROVEMENTS TO EDGEMERE AVENUE." Moved by Reid, seconded by Morgan, Resolution No. 12.1653 be adopted. City Engineer Hoffland stated they thought the private engineer could better 2/28/78 78 coordinate the design with the developer Collins; he's worked with him in the past; if the City of Chula Vista would keep the low bed of the stream cleaned out, Edgemere would be closed for a shorter time after a storm; as it is, it will take a week or two before the water can run off; if the street can be moved up three feet or so, then Edgemere wouldn't be closed whether or not Chula Vista maintains it. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan. Nays: Dalla. COUNCIL REFERRAL SEATING, CIVIC CENTER CONFERENCE (former court room) ROOM (February 21 the Council requested that a decision on the matter of fixed seating in the Conference Room be continued to February 28th; installation of the fixed seating and railing by the Community Development Commission through its contract is optional and can be either added or deleted from the work as directed by Council; there are three alternatives available to Council in this regard: [1] install the fixed seating together with the railing as part of existing CDC work; [2] use occasional seating, not permanently affixed, with or without railing; [3] not install any fixed public seating at this time, but re-evaluate function of large conference room at a later date and make determination as to public seating requirements at that time) was presented. Mayor Morgan stated he originally wanted the "bar" placed in the conference room but would go along with the wishes of Council on the matter. Moved by Dalla, seconded by Camacho, we do not install any permanently fixed seating and we leave the railing out. Carried by unanimous vote. OLD BUSINESS Purchasing Division's recommendation of AWARD OF BID, PARK PICNIC TABLES AND BLEACHERS (Bid No. G.S. 7778-1) Awarded to Miracle/Jamison in amount of $9,512.44 (bids were solicited from six vendors with three responding; Miracle/Jamison was the only bidder who met the City's specifications; both Marchetti Park and Recreation Products and Southern Bleacher Construction Company bid aluminum bleachers and did not bid on the picnic tables) was presented. Moved by Reid, seconded by Morgan, in favor of the recommendation. City Manager Gill stated these bleachers are not to replace all of the existing ones; these are new purchase bleachers and they will be replacing certain ones that do not meet standards now required. There was discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Reid, Van Deventer, Morgan. Nays: Dalla. NEW BUSINESS Item 11, CLAIM FOR DAMAGES from M.W. REID WELDING dba South Bay Welding alleging drainage ditch overflowed due to inadequate drainage at 22nd Street doing damage to business; and, Item 12, CLAIM FOR DAMAGES from DANNY A. WOOD alleging injury and false arrest was presented. Moved by Camacho, seconded by Reid, these be denied and referred to the City Attorney. Carried by unanimous vote. The APPLICATION for OFF -SALE BEER AND WINE LICENSE from Melanie and Rosario Oliveri dba ROSS ITALIAN DELI & PIZZA, 1241 Highland Avenue was presented. Moved by Camacho, seconded by Reid, this be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Van Deventer. Nays: None. Abstain: Morgan. The APPLICATION for ON -SALE GENERAL PUBLIC PREMISES LIQUOR LICENSE from Tony Bedalov Inc., dba ANTONIO'S, 822 National Avenue, stock transfer, was presented. Moved by Van Deventer, seconded by Dalla, in favor of the application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Van Deventer. Nays: None. Abstain: Morgan. 2/28/78 79 The Director of Public Works' recommendation to APPROVE DRIVEWAY at 1835 "J" Avenue (the property owner has requested approval for widen- ing an existing driveway adjacent to his property line) was presented. Moved by Reid, seconded by Camacho, in favor of the recommendation. Carried by unanimous vote. South Bay Community Fair Association's request to sponsor a CARNIVAL and requesting a WAIVER OF FEES (the carnival would be held March 22nd through 26 at the South Bay Plaza east parking lot; staff recommends [1] that authorization for the event be approved subject to full compliance with all City and State regulations and; [2] that the Business License fee in the amount of $125.00 be waived, and; [3] that the inspection fees in the amount of $50.00, a direct cost to the City, should not be waived) was presented. Moved by Van Deventer, seconded by Camacho, in favor of the recommendation. There was discussion. Carried by unanimous vote. National City Lions Club's request to sponsor an INDEPENDENCE DAY CELEBRATION in Kimball Park (request has been made for July 3 and 4th and will include a fireworks display on the evening of July 4th; a temporary use permit for this event has been processed and approved by the Police Department, Fire Department, Planning Department, Finance Department, and the San Diego County Department of Public Health; based on last years experience, it is estimated city manpower and equipment costs will be $3,200; staff recommends the request be granted) was presented. Moved by Morgan, seconded by Camacho, for approval. Carried by unanimous vote. City Clerk's Campbell's recommended hearing date of March 14, 1978 for the hearing on APPEAL of Planning Department's notice of intention to ABATE AND REMOVE A DISMANTLED, INOPERATIVE VEHICLE AT 421 "K" AVENUE was presented. Moved by Dalla, seconded by Van Deventer, this be set for hearing. Carried by unanimous vote. The Director of Public Works' recommendation to APPROVE DRIVEWAY at 840 Highland Avenue (drive on 8th Street), Kentucky Fried Chicken (the property owner requests approval of a driveway on 8th Street for new parking for the shop on Highland Avenue) was presented. Moved by Camacho, seconded by Reid, for approval. There was discussion. Carried by unanimous vote. The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 32, dated February 28, 1978, in the amount of $24,164.82 (Warrants Nos. 60949 through 60996) and PAYROLL for the period ending February 15, 1978 in the amount of $179,504.93 was presented. Moved by Camacho, seconded by Van Deventer, this be approved and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Van Deventer, Morgan. Nays: None. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. PLANNING Disposition of CITY OWNED PROPERTY, CAGLE STREET east of Stockman (the property contains about one-half acre and was acquired by the City for the purpose of a children's play area at the time the adjoining Sweet- water Mesa Subdivision was approved; subsequently, Sweetwater Heights Park was developed for this purpose) was presented. Planning Director Gerschler stated this is for information only and should be noted and filed. Moved by Camacho, seconded by Reid, so moved. Carried by unanimous vote. 2/28/78 80 Item 22, recommendation to initiate STREET VACATION, portion of north - south ALLEY between 15th and 16th Streets, and "C" and "D" Avenues (SC-7-77); Item 23, recommendation to initiate STREET VACATION, portion of 7TH STREET (1400 Block) west of and abutting the cul-de-sac (SC-2-78, Metro Realty). Planning Director Gerschler stated these items are recommendations from the Planning Commission to initiate the street vacations proceedings; if the. Council wishes to proceed it would be proper to refer to the City Attorney for preparation of Resolution. Moved by Dalia, seconded by Van Deventer, we initiate street vacations as recommended by the Planning Commission. Carried by unanimous vote. MAYOR - No report. CITY COUNCIL VICE MAYOR VAN DEVENTER stated the City staff should be taking a close look at all expenditures in light of the Jarvis -Gann Initiative and the possibility of its passage; there is a good chance of this passing and the City should be prepared. PUBLIC HEARINGS The HEARING ON RESOLUTION OF INTENTION NO. 12,613 (alley between 2nd Street to 3rd Street and "E" Avenue to "F" Avenue, Assessment District No. 192) was held at this time. City Clerk Campbell stated the Affidavit of Mailing, Affidavit of Posting, Certificate of Publication were on file, no written protests had been received. ROBERT ONLEY, Civil Engineer Associate, was present and directed Council's attention to a map on the wall which outlined the Assessment District No. 192 exterior boundary and the improvement location. Mr. Onley stated the estimated total cost of the proposed improvements is $11,093; the estimated City contribution is $2,715; the total estimated amount to be assessed is $9,693; a letter was sent to each parcel owner notifying them of the estimated assessment; there were no protests in writing filed with the City in accordance with legislative instructions; the proposed improvements are grading and paving; paving being of PCC or an approved combination of PCC and AC. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing be closed and the Resolution of Intention to pave the alley between 2nd Street and 3rd Avenue and that all stipulations and conditions be adhered to. Carried by unanimous vote. The HEARING on INTENTION TO VACATE AND CLOSE the WESTERLY ONE-HALF OF MCKINLEY AVENUE between 23rd and 24th Streets (SC-8-77) was held at this time. City Clerk Campbell stated the Affidavit of Mailing, Affidavit of Posting and Certificate of Publication are on file. Planning Director Gerschler stated the Planning Commission recommends the street be vacated subject to the condition that before a Resolution ordering the vacation is presented to Council for adoption, evidence to the satisfaction of the City Attorney that all persons known to have possible claims to access rights to and from the street to be vacated have relinquised all such rights. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing be closed and the intention to vacate and close the westerly one-half of McKinley Avenue between 23rd and 24th Streets and the Planning Commission's recommendation be adhered to. Carried by unanimous vote. The HEARING on application for CONDITIONAL USE PERMIT to allow an AUTOMOBILE STORAGE yard at 900 W. 17th Street (CUP 1977-22) was held at this time. City Clerk Campbell stated the Certificate of Publication, and Affidavit of Mailing are on file, attached to the Agenda is a letter from Anthony Brafford, Isabel and Gene Wardle who state they would not object to having the proposed use. Planning Director Gerschler stated when this case first was reported to Council about three weeks ago, they were given a report on Commission action which approved a Condition- al Use Permit for this storage yard and it was described how the 2/28/78 31 Commission after they had voted to approve the Conditional Use Permit learned there was a zoning violation on the property, namely an impound yard, and they took a new action recommending to the Council that Council appeal the case and then deny; the Council in acting on the recommendation did appeal the case and tonight is the hearing on those recommendations. The Planning Commission recommends in favor of this item based on a finding that (1) the site for the proposed use is adequate in size and shape; (2) the site has sufficient access to streets; (3) the proposed use will not have an adverse effect upon adjacent or abutting properties; (4) the proposed use is deemed essential and desirable to the public convenience and welfare. The conditions recommended by staff are (1) a four foot setback from dedicated streets is required; the setback area and the parkway area, except on Harrison Avenue, shall be landscaped with trees, shrubs, or other ground cover; (2) the storage area shall be served by drainage facilities adequate to prevent the accumulation of standing water; (3) all fencing and gates shall be a minimum of eight feet in height; fence shall be view -obscuring, using only metal panels with factory -applied baked enamel finished exterior surface; no gate shall swing outward; (4) the location and design of street and alley entrances and exits shall be subject to the approval of the City Engineer to insure traffic safety; (5) the exterior surface of all buildings shall be repainted; (6) storage of wrecked, dismantled, disabled or inoperative vehicles is prohibited; all stored vehicles to carry currently valid OMV registration at all times. The Planning Commission recommends amendments to staff recommendations as follows: Condition (1) delete landscaping requirement on Harrison Avenue; and, Condition (3), require view -obscuring fence using only metal panels with factory applied baked enamel finished exterior surface. RUBEN RUBIO, 1729 Cleveland Avenue, was present and stated he is a property owner in the area and he has investigated and found the place has been operating for the past three months; its not enclosed, there's a wire fence; at present it is a bad eye -sore in the location; Scrap Disposal Yard and they own a lot on the corner of 18th and Cleveland on the west side which is used for storage of trash containers; most of the time this lands on City property so that there's junk and trash out onto the City property; and asked will this be the same when American Storage goes in -- there are no guidelines or anything like that. Planning Director Gerschler stated they are on formal notice that they are in a zoning violation and if the Conditional Use Permit should not be approved the matter will be forwarded to the attorney for prosecution immediately and will go forward in Municipal Court; at the moment while the application is being presented, the enforcement action is temporarily withheld. BRUCE LOVE, 345 E. 8th, attorney for the applicant, was present and stated at the time the Planning Commission gave its tentative approval his client thought that was the end of the proceedings and thought he could then put cars on the lot, which he did; since then he discussed this with his clients and the cars have been removed (which took 10-15 days.) Councilman Camacho stated he went past the lot and there were still cars on it. Mr. Love stated the cars presently on the lot are personal ones. Mr. Love apologized on behalf of his clients for the problems that have occurred and said they feel that this is a beneficial use for the City; when the improvements are made on the property, when the fence is up and landscaping in and lighting in this property will enhance the appearance of National City, particularly in that area; this is immediately adjacent to Scrap Disposal which makes the City look bad; there won't be any wrecked or dismantled vehicles on the lot and the applicants have agreed to all the conditions as proposed by the Planning Commission and Planning Department; as Council knows, there are many Navy personnel in the City who need a place to store their vehicles while they're overseas; the City itself needs to have an alternative bidder for the City towing contract and by allowing this Conditional Use Permit they will allow a second bidder for that contract which would ultimately result in a savings to the City; the Land Use Code states this particular parcel is available for this particular use and that fact alone is very significant; his clients acted on the representation implied by sections of the Land Use Code in preparing for and part- icipating in this particular use of the land. City Attorney McLean 2/28/78 82 said by contending the City's zoning laws do not regulate the storage impounded vehicles if those vehiclee come off of a federal reservation -- if that is your contention, there is a fundamental problem; Council will have to regulate the problem, Mr. Love stated he wants to do what the City feels is right and he hasn't had an opportunity to discuss what the City had in mind when they enacted the impound portion of the City Code; whether that relates to military vehicles or whether it does not; his understanding from the Planning Department is that certain types of impounds are exempted from the City Code; FDA vehicles for example are not a part of the Code or are exempt from it. Planning Director Gerschler stated they discussed the permit that the City Council authorized for another site that is used exclusively for drug enforcement vehicle cars and in that case there was a fine and they were all, federal cars and the City was probably pre-empted; but those are cars impounded by the Federal government, not by a police agency. Mr, Love stated he wants the opportunity to discuss this with the City Attorney. City Attorney McLean stated Mr. Love was informed several weeks ago that the Council would review the action by the Planning Commission which is being done tonight, what he wanted to know is what it is his client intends to use this property for and what regulations apply to it; we have a dispute about the ability of the City to regulate the use of this property because your clients are taking cars that belong to private parties off the 32 Street Naval Station, Mr. Love stated until the City advises otherwise, they will comply with the City's interpretation of the Code section; the impounds have been removed; they will not compete in any sense with the City Code. Vice Mayor Van Deventer stated he understands they are asking for this Conditional Use Permit so that they may bid on the towing within the City, at which time you would have to qualify as an impound yard; the qualifications for an impound yard and storage yard are two different procedures. Planning Director Gerschler stated the impound yard procedure is a permit that's granted only by the City Council, it's not part of the zoning function; the storage yard is a zoning issue requiring a Conditional Use Permit and all of the zoning procedures considered. There was discussion, Mr. Love stated they are proposing that at such time as the towing contract comes up for bid that they will check with Planning to find out what has to be done in order to take the steps necessary for the contract; the applicants have been in business for 3-4 years within the City and there have been no problems with the City in terms of enforcement; prior to that the applicant has been a resident of the City and a former City employee, Planning Director Gerschler stated they are now in violation of the law; as soon as the case is settled, if denied it goes to court; if approved they will have 90-days to make their improvements; if they don't complete the improvements it would be treated as a violation of the Code, There was further discussion. RUEEN RUBIO, returned to the podium and stated he is very much aware of the situation in the neighborhood and everyone is violating the law including Scrap Disposal who puts containers on City - owned property; there are three different outfits dealing with storage in that area, Moved by Camacho, this request be denied until some clarification is made by either our attorney or the applicants attorney so we know what we're talking about, Motion died for lack of second. Moved by Reid, this be approved with .these six conditions and all conditions be met from the Planning Commission, Motion died for lack of second. Moved by Van Deventer, seconded by Camacho, this particular situation be discussed between the attorneys and brought back in 2 weeks. Carried by unanimous vote.rt Moved by Van Deventer, seconded by Reid, the meeting be adjourned to March 14th, Carried by unanimous vote, The meeting closed at 9;00 p.m. CITY ERY CIT OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved at the regular meeting of the City Council of the City of National City, California •n March 28, 1973. 0 Corrections No corrections 0 CITY OF NATIONAL CITY, CALIFORNIA 2/28/78