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Home My WebLink About1978 07-11 CC MIN193 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 11, 1978 The regular meeting of the City Council of the City of National City was called to order at 7:35 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Gill, Hoffland, McCabe, McLean. APPROVAL OF MINUTES Moved by Camacho, seconded by Waters, the minutes of the regular meeting of June 27, 1978, and a correction to the minutes of the regular meeting of November 8, 1977 (To correct the figure $7,010,221 to $710,221, paragraph 3> pa9e 276) be approved. Carried by unanimous vote. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be read by title only. Carried by unanimous vote. Resolution No. 12,785, "RESOLUTION ACCEPTING COVENANT AND AGREEMENT GO HOLD PROPERTY AS ONE PARCEL AND DIRECTING THE RECORDING THEREOF, (Ruth M. Jones, 515 "D" Avenue, National City)." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,785 be adopted. Carried by unanimous vote. Resolution No. 12,786, "VACATION OF PORTION OF EAST 7TH STREET (1400 BLOCK) LOCATED WEST OF AND ABUTTING THE CUL-DE-SAC (SC-2-78)." Moved by Waters, seconded by Camacho, Resolution No. 12,786 be adopted. Carried by unanimous vote. Resolution No. 12,787, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF 24TH STREET BETWEEN NEWELL AVENUE AND LAS PALMAS PARK (SC-6-78)." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,787 be adopted. Carried by unanimous vote. Resolution No. 12,788, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE THE WESTERLY ONE-HALF OF "M" AVENUE BETWEEN 8TH STREET AND 9TH STREET (SC-7-78)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,788 be adopted. Carried by unanimous vote. Resolution No. 12,789, "RESOLUTION OF INTENTION (Alley between 18th Street to 20th Street and "K" Avenue to "L", Assessment District No. 194)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,789 be adopted. Carried by unanimous vote. Resolution No. 12,790, - Laid over to later in meeting. See paragraph 10, page no. 196. ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Waters, the ordinance be presented for second reading by title only. Carried by unanimous vote. Ordinance No. 1630 (6//?/Z8.1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-21-78, to rezone from CG (Commercial General) to CBD-PD (Commercial Central Business District - Planned Development) the property at 740 East 30th Street [Assessor's Parcel 562-290-34])." Moved by Camacho, seconded by Waters, Ordinance No. 1630 (6/27/78-1) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. 7/11/78 194 NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 51, dated July 11, 1978, in the amount of $93,217.63 (Warrants Nos. 62337 through 62399) and PAYROLL in the amount of $187,799.29 for the period ending June 30, 1978 was presented. Moved by Camacho, seconded by Van Deventer, they be approved and paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. APPLICATION FOR ORIGINAL OFF -SALE BEER AND WINE, Type 20 license, of HAZEL SUNDAY, 740 National City Blvd. was presented. Moved by Waters, seconded by Camacho, in favor of the application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. APPLICATION FOR ORIGINAL ON -SALE BEER, Type 40, license, of BURGER MAKER, INC., 1710 Highland Avenue, was presented. Moved by Van Deventer `seconded by Waters, in favor of denial because it is close to the school property and is a congregating place for juveniles. A super- visor, Burger Maker, was present and spoke in favor of the license, saying theirs was a family -type operation and there would always be someone 21 years of age or older on the premises, no beer would be sold without food and they would refuse to serve more than two beers to anyone. Motion carried by unanimous vote. PERSON TRANSFER OF ON -SALE BEER, Type 40, license of JOHN R. and KATHLEEN A. VAN DER ZIEL, dba CHUCK'S INN, 831 E. 8th Street, was presented. Moved by Waters, seconded by Camacho, in favor of the application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. NEW. APPLICATION FOR ON -SALE BEER AND WINE, Type 41, license of BARRY E. and DEBRA K. CATALANO, dba THE OLD SANTA FE DEPOT RESTAURANT, 900 W. 24th Street was presented. Moved by Camacho, seconded by Van Deventer, the application be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. ORIGINAL OFF -SALE BEER AND WINE, Type 20, license of the SOUTHLAND CORPORATION, dba 7-ELEVEN, 2400 Highland Avenue, was presented. Moved by Van Deventer, seconded by Camacho, the application be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The CLAIM FOR DAMAGES filed by ALICE HARRELL alleging injury on March 31, 1978, was presented. Moved by Camacho, seconded by Van Deventer, the claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES filed by ROCKY FORGUSON alleging injury on March 26, 1978 was presented. Moved by Camacho, seconded by Van Deventer, the claim be denied and referred to the City Attorney. Carried by unanimous vote. The SUBDIVISION IMPROVEMENT AGREEMENT, Lot 33, BONITA GREENS, signed by JULIUS PAESKE and WILLIAM HILLYER, owners and HARRY E. GILL, City Manager and IRREVOCABLE LETTER OF CREDIT NO. 130181 (Union Bank, P.O. Box 3100 Terminal Annex, Los Angeles, dated June 21, 1978) were presented. City Attorney McLean stated the Letter of Credit was sufficient to secure the contract. Moved by Camacho, seconded by Van Deventer, the agreement be approved. Carried by unanimous vote. OTHER BUSINESS City Manager - No report. City Attorney - No report. Other Staff - No report. 7/11/78 195 PLANNING An AMENDMENT to the N.C. Land Use Code, Appendix "D", Use Group 19, to add the use "OUTDOOR REMOTE TELLER BANK FACILITY", A-5-78, (Staff concurs with the Planning Commission approval of this case; if Council approves the recommendation of Plan. Com. the case must be referred to the City Attorney for preparation of a resolution; after that resolution has been adopted, outdoor bank teller facilities will be allowed on non-contiguous sites subject to the issuance of conditional use permits) was presented. Moved by Camacho, seconded by Van Deventer, in favor of Staff's and Planning Commission's recommendation Carried by unanimous vote. The TENTATIVE SUBDIVISION MAP, THE BONITA AFFAIR (Condominiums) located between 3110 and 3140 Sweetwater Road, John B. Adams, 4/Design, was presented. Planning Director Gerschler reported both staff and Planning Commission recommend approval. Moved by Camacho, seconded by Van Deventer, it be approved. There was discussion. Carried by unanimous vote. PUBLIC HEARINGS The HEARING on the matter of HAZARDOUS CONDITIONS, SHOPPING CENTER PARKING LOT, 1750 E. 8th Street, LUCKY MARKET, was held at this time. The City Clerk reported the certificate of publication and affidavit of mailing were on file. Planning Director Gerschler reported work is being done to improve the parking lot at the present time and suggested Council continue the hearing. Moved by Van Deventer, seconded by Camacho, the hearing be continued to August 1. BRIAN J. HAYS, attorney, 3003 Fourth Avenue, San Diego, representing the owner was present and said there was no need for the hearing; it was a matter of the City not having communicated with his client. City Attorney McLean outlined the many communications (written and oral) the City had had in this regard. The Planning Director was requested by the Mayor to reproduce the City't files on this case and mail them to Mr. Hays. Motion carried by unanimous vote. The HEARING to obtain the views and comments of citizens regarding preparation of an APPLICATION to the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT for a grant under the Small Cities Program was held at this time. Arnold Peterson, Executive Director, Community Develop- ment was present and reported the Citizens' Committee recommended approval of the pre -application to HUD on April 12; on April 18 and May 2 the City Council held hearings on the pre -application; tonight's hearing is the first of two public hearings on the application. Mr. Peterson recommended the Council take testimony at the hearing and continue the hearing to July 18; after the public hearing on July 18 approval of the filing of the application is recommended. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearing be continued to July 18. Carried by unanimous vote. The HEARI .G on APPEAL of the Planning Department NOTICE OF INTENTION TO ABATE AND REMOVE ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES OR PARTS THEREOF as a public nuisance at 2119 E. 8th Street, ZV 76-44 was held at this time. Planning Director Gerschler reported that Mrs. Blanca Vega was advised by Certified letter dated June 15 the vehicles would be removed by the City within 10 days if they were not removed by her; Mrs. Vega filed an appeal on June 23 and advised one of the two vehicles had been removed; staff recommendation is that Council make a finding the subject vehicle is a public nuisance and order that it be impounded. City Clerk Campbell reported that she mailed notice of this hearing to Mrs. Vega by certified mail on July 5; on receipt of the notice, Mrs. Vega telephoned to inquire if it was necessary that she appear at the hearing; the City Clerk advised her that she would not have to appear and asked Mrs. Vega if she would object if the City impound the vehicle; Mrs. Vega replied that she aaou1d be happy if the City would take care of it. No one was present 7/11/78 196 in this regard. Moved by Camacho, seconded by Van Deventer, the hearing be closed and we agree with the Planning Department notice of intention to abate the nuisance. Carried by unanimous vote. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No, 51-78, "Approving application for planned development permit to allow development of two additional dwelling units at 420 'E' Avenue, PD-112." Planning Director Gerschler reported Council has already approved the zone change for this property; the ordinance will be presented at the meeting of July 18, have the second reading on July 25, and could become effective on August 24. Moved by Morgan, seconded by Waters, Council appeal this case. There was discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Item 25, Planning Commission Resolution No. 53-78, "Approving applica- tion for zone variance to allow division of property (lot split) that will create a parcel having 20' of frontage at 1846 9th Street, Z-10-78"; Item 26, Planning Commission Resolution No. 54-78, "Approving applica- tion for zone variance to allow motor vehicles to back onto public street from property between 1124 and 1128 Harding Avenue, 2-11-73"; Item 27, Planning Commission Resolution No. 55-78, "Approving applica- tion for planned development permit to allow restaurant, including drive-thru facilities, 740 East 30th Street, PD-115; and Item 28, Planning Commission Resolution No. 57-78, "Approving applica- tion for planned unit development to allow development of the Bonita Affair, a 34-unit condominium project located between 3110 and 3140 Sweetwater Road, PUD-1-78. Items 25 through 28 were ordered filed by unanimous vote. Mayor Morgan called a recess at 8:02 p.m. for the Community Development and Parking Authority meetings. Council reconvened at 8:15 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Mayor Morgan called an executive session on personnel at 8:16 p.m. Council reconvened at 8:40 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Resolution No. 12,790, "RESOLUTION APPROVING TENTATIVE BUDGET FOR FISCAL YEAR 1978/9 AND APPROVING COMPENSATION PLAN FOR PUBLIC EMPLOYEES." was read in full. Moved by Camacho, seconded Van Deventer, Resolution No. 12,790 be adopted. A representative of the N.C. Swim Club was present and spoke briefly in regard to their program. Motion carried, by the following vote, to -wit: Ayes:,Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8: .m. CITY CLERK CITY 0 NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting of July 18, 1978. Corrections rr MAYO CITY OF NATIONAL CITY, CALIFORNIA 7/11/73 tions