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HomeMy WebLinkAbout1976 07-20 CC MIN141 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 20, 1976 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, Morgan. Absent: Pinson. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland, McLean, SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Bourcier followed with invocation by the Rev. Milo Wood, First Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of June 15 1976, the adjourned meeting of June 15, 1976, held on June 16, 1976, the regular meeting of June 22, 1976, and the adjourned meeting of June 22, 1976, held on July 6, 1976, be approved. Carried by unanimous vote. Absent: Pinson. PRESENTATIONS AND PROCLAMATIONS - None. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Dalla, the resolutions be presented by title only. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,093, "RESOLUTION APPROVING THE SAN DIEGO COUNTY THOROUGHFARE ADVISORY COMMITTEE'S RECOMMENDATION FOR APPROVAL OF REVISED PROCEDURES FOR COOPERATIVE DEVELOPMENT OF FEDERAL AID URBAN PROGRAMS." Moved by Camacho, seconded by Reid, Resolution No. 12,093 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,094, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FIXING AND ADOPTING THE TAX RATE FOR THE 1976-77 FISCAL YEAR." Moved by Reid, seconded by Camacho, Resolution No. 12,094 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,095, "A RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING PLANS TO MODIFY LAS PALMAS GOLF COURSE AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE ON BEHALF OF THE CITY FOR SAID COURSE." Moved by Camacho, seconded by Reid, Resolution No. 12 095 be adopted.. Assistant to the City Manager Ron Ballard was present and explained the terms of the lease. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,096, "RESOLUTION OF THE CITY OF NATIONAL CITY ACCEPT- ING CONVEYANCE OF A BICYCLE TRAIL BETWEEN ALPHA AND FOURTH STREETS, EASTERLY OF AND ADJACENT TO I-805." Moved by Camacho, seconded by Reid, Resolution No. 12,096 be adopted. Carried by unanimous vote. Absent: Pinson, Resolution No. 12,097, "RESOLUTION FIXING HEARING DATE ON AMENDMENT OF A NATIONAL CITY LAND USE CODE TO ADD REGULATIONS PROHIBITING THE PARKING OF VEHICLES ON LAWN OR OTHER LANDSCAPED AREAS." Moved by Reid, seconded by Camacho, Resolution No. 12,097 be adopted. Carried by unanimous vote. Absent: Pinson. Resolution No. 12,098,"RESOLUTION AUTHORIZING EXECUTION OF AN AGREE- MENT BETWEEN THE CITY OF NATIONAL CITY AND THE DIXIELINE LUMBER COMPANY TO GUARANTEE THE REMOVAL OF MATERIAL FROM THE SITE AT 3460 7/20/76 142 HIGHLAND AVENUE." Moved by Camacho, seconded by Reid, Resolution No. 12 098 be adopted. Carried by unanimous vote. Absent: Pinson. ADOPTION OF ORDINANCES (second reading) Moved by Camacho, seconded by Reid, the ordinances be read and adopted by title only. Carried by unanimous vote. Absent: Pinson. Ordinance No. 1517 (q/43/T6-1), "AN ORDINANCE ESTABLISHING A SPECIFIC PLAN FOR THE LOCATION OF A NEW STREET RIGHT-OF-WAY FOR 4TH STREET, THELMA LANE AND SHELL AVENUE, AND THE WATER COMPANY EASEMENT BETWEEN RACHAEL AVENUE AND THELMA LANE (in accordance with National City Engineering Drawing No. 593-D, as amended)." Moved by Camacho, seconded by Dalla, Ordinance No. 1517 (, / /;4..1) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Morgan. Nays: None. Abstaining: Reid. Absent: Pinson. Ordinance No. 1518 (q//3/?e-2), "AN ORDINANCE ESTABLISHING A SPECIFIC PLAN FOR THE LOCATION OF A NEW STREET. RIGHT--OF-WAY FOR 17TH STREET BETWEEN LANOITAN AND RACHAEL AVENUES (in accordance with National City Engineering Drawings Nos. 596-D and 597-D)." Moved by Camacho, seconded by Dalla, Ordinance No. 1518 (;A;/ F-3) be adopted. Carried by the following vote, to -wit; Ayes: Camacho, Dalla, Morgan. Nays: None. Abstaining: Reid. Absent: Pinson. Ordinance No. 1519 (Z//a/?4-g), "AN ORDINANCE ADOPTING A SPECIFIC PLAN ESTABLISHING THE LOCATION OF STREET RIGHT -OF. -WAY FOR PORTIONS OF HIGHLAND, 'J', 'K', AND 'L' AVENUES, PLAZA BOULEVARD, AND 8TH, 12TH AND 16TH STREETS." Moved by Dalla, seconded by Camacho, Ordinance No. 1519 (?/1g/46-g) be adopted. Mayor Morgan inquired if this ,. included properties out Plaza or at 16th and "J" and was advised that it did. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: None. Abstaining: Morgan. Absent: Pinson. Ordinance No. 1520 (/14/q�-4), "AN ORDINANCE ADOPTING A SPECIFIC PLAN ESTABLISHING THE LOCATION OF STREET RIGHT-OF-WAY FOR PORTIONS OF NATIONAL, 'A', 'B', 'C', 'D', AND HIGHLAND AVENUES AND 11TH, 12th & 14TH STREETS." Moved by Dalla, seconded by Camacho, Ordinance No. 1520 (7/1;/74-4) be adopted. Carried by unanimous vote. Absent: Pinson. Ordinance No. 1521 W/3/q4_5), "AN ORDINANCE ADOPTING A SPECIFIC PLAN ESTABLISHING THE LOCATION OF STREET RIGHT-OF-WAY FOR PORTIONS OF NATIONAL, 'B', 'D', 'E', 'G' AND HIGHLAND AVENUES AND 1ST, 2ND, 3RD, 4TH, 7TH AND 8TH STREETS." Moved by Reid, seconded by Dalla, Ordinance No. 1521 (q/Ig/fie-s) be adopted. Carried by unanimous vote. Absent: Pinson. REPORT OF CITY ATTORNEY City Attorney McLean reported he had distributed copies of a draft bingo ordinance and was awaiting instructions. REFERRALS The Planning Director's report on the possibility of RENAMING 30TH STREET TO "SWEETWATER ROAD" was presented. Planning Director Gerschler outlined the original request for name change, the hearing before the Planning Commission and advised Council they could act to change the name to Sweetwater Road without further hearings. Moved by Reid, seconded by Camacho, the report be filed. Carried by unanimous vote. Absent: Pinson. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF PAYMENT OF WARRANT REGISTER NO. 2 dated July 20, 1976, (warrants nos. 55110 through 55144) in the amount of $26,294.33 was presented. Moved by Camacho, seconded by Reid, the Warrant Register be ratified. Carried, by the following vote, to -wit: Ayes:' Camacho, Dalla, Reid, Morgan. Nays: None. Absent: Pinson. 7/20/76 143 The CLAIM FOR DAMAGES of MICHAEL BEAUDETTE was presented. Moved by Camacho, seconded by Reid; the claim be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Pinson, The Director of Public Works° recommendation the application for EXEMPTION OF SIDEWALK REQUIREMENTS at 900 West 24th St. be approved and the Council find the sidewalk installation to be impractical (the 35' in question has been landscaped and would have to be removed for sidewalk installation) was presented. Moved by Camacho, seconded by Reid, in favor of the Director of Public Works' recommendation. There was discussion. Carried by unanimous vote. Absent: Pinson, ON SALE GENERAL (EATING PLACE) AND DUPLICATE LICENSE application, personal transfer (self -incorporating, Sec. 24071) of DEPOT RESTAURANT INC., 900 West 24 St., was presented. Moved by Camacho, seconded by Reid, the application be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: None. Abstaining: Morgan. Absent: Pinson. AMENDED application ON SALE GENERAL (EATING PLACE) LICENSE, personal transfer, of Yoshiko Grasser, dba YOSHI'S PLACE, 841 National Avenue was presented. Moved by Reid, seconded by Camacho, it be approved based on the conditions now reflected on the application and the report from ABC. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: None, Abstaining: Morgan. Absent: Pinson, ON SALE GENERAL (PUBLIC PREMISES) APPLICATION (stock transfer pursuant to Sec. 24017.1) of G.H.DODDS, INC., dba HAROLD'S CLUB, 29 West 8 St., was presented. Moved by Camacho, seconded by Dalla, 1:11e- tion be apja2.=q. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: None. Abstaining: Morgan. Absent: Pinson. Asst. to the City Manager RONALD L. BALLARD'S recommendation Council approve issuance of a NOTICE OF INTENTION TO ADOPT A CONDEMNATION RESOLUTION (property in the proposed Orange Avenue right-of-way, north of 14th St., containing approximately 6,026 sq. ft., zoned R-4-PD) was presented. Mr. Ballard was present and explained procedure under new legislation on eminient domain and outlined what has been done to date to acquire the property. Moved by Reid, seconded by Camacho, the recommendation be approved. Carried by unanimous vote. Absent: Pinson. The Director of Public Works' recommendation Change Order No. 1, AIR CONDITIONING COMMUNITY BUILDING, KIMBALL PARK, in the amount of $6,198.00, be approved, was presented. Moved by Reid, seconded by Camacho, the recommendation be approved. There was discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Dalla. Absent: Pinson. WRITTEN COMMUNICATIONS The request of Anthony Curtis and Ian Atkins, franchise owners NATIONAL CITY FIRE (fast pitch softball team) to engage in the sale of beer under the same conditions as the rodeo was presented. Moved by Dalla, seconded by Reid, the re uest be denied. Councilman Camacho explained to Messrs. Curtis and Atkins who were present in the audience the City Manager had recommended Council adhere to the provisions of the contract between FIRE and the City. Carried by unanimous vote. Absent: Pinson, PUBLIC HEARINGS HEARING ON PROPOSED AMENDMENTS TO THE NATIONAL CITY GENERAL PLAN (GP-2-76) was held at this time. The City Clerk reported the Certificate of Publication of the Notice of Hearing was on file. Asst. Dir. Planning Gunnarson was present to explain the 29 items (amendments) and the action of the Planning Commission (recommended approval of Items A - change land use designation on properties at 2404, 2414-18 Granger Ave. and the vacant lot adjacent to the south- erly property line of 2414-18 Granger from "Neighborhood Commercial" 7/20/76 144 to "Residential" at 11-15 dwelling units/acre - and Items B, C, D, F, G, H, I, .1 and that Item E be continued to the next General Plan change hearing rsee Planning Department transmittal dated July 13, 1976, Subject: PUBLIC HEARING - PROPOSED AMENDMENT TO THE. NATIONAL CITY GENERAL PLAN GP-2-76]), The Mayor asked if there was anyone who wished to be heard and there was no response. Moved by Camacho, seconded by Reid, the public hearing be closed and the Planning Commission recommendations be approved with all conditions adhered to. Councilman Dalla asked that the items be considered separately, saying he could not go along with Item B on page la of the transmittal or Item C on page lb although he did concur with Mr. Gerschler's comments on this item as stated on page lc of the transmittal. Councilman Dalla continued in regard to Item D on page lc (property on Plaza Boulevard east of Olive Avenue) he would like additional time to consider it. GLENN ASHWELL, associate of Lee Morgan and Harlan Christenson, was present and addressed the Council saying he had been requested to make a feasibility study of the property; he did not go into great detail on the study; since there is a concentration of business in the area that area cannot support additional business; the theatre has gone under; this could happen to others especially as the area is zoned "Neighborhood Commercial"; because of the traffic flow this property would not lend itself to neighborhood shopping; it is not economically feasible for the Christenson's to develop this property commercially; they have advertised on the property "Build to Suit Commercial Tenant" but the property is on the tax rolls and producing profit for the County only; it would broaden and increase the tax base if the property was developed. Councilman Dalla said he was not concerned with development commercially or residentially, but with the density; and he would like more time to consider it. Mayor Morgan asked if B, C, and D could be held over and the others approved. JOE LERIS, 6301 Division St., San Diego, was present and stated he was the initiator of Item A. Mayor Morgan said there was a motion on the floor to approve that. There was discussion. City Attorney McLean said the motion before Council now is to approve every item in accordance with the Planning Commission. Motion failed, by the following vote, to -wit: Ayes: Camacho, Reid. Nays: Dalla. Abstaining: Morgan. Absent: Pinson. Mayor Morgan explained his brother-in-law owns the property on Plaza and he was abstaining for that reason. Moved by Dalla, seconded by Camacho, to continue Item D until the next regularly scheduled meeting at 7:45 p.m. Motion failed, by the following vote, to -wit: Ayes: Camacho, Dalla. Nays: Reid. Abstaining: Morgan. Absent: Pinson. Moved by Reid, the hearing be laid over. Died for lack of second. Moved by Dalla, seconded by Camacho, to approve all items but D. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Nays: None. Abstaining: Morgan. Absent: Pinson. Moved by Dalla, seconded by Camacho, Item D be tabled until 7:45 p.m, next Tuesday and the public hearing be continued. Motion failed, by the following vote, to -wit: Ayes: Camacho, Dalla. Nays: None. Abstaining: Reid, Morgan. Absent: Pinson. The public hearing was recessed until completion of the Agenda. REPORTS CITY MANAGER - None. PLANNING The Planning Commission's recommendation revised TENTATIVE SUBDIVISION MAP for SWEETWATER TOWN & COUNTRY SHOPPING CENTER (originally National Center and later South Bay Town & Country Shopping Center) be approved subject to conditions stipulated in Resolutions Nos. 11,223, and 11,933 was presented. Moved by Reid, seconded by Dalla, in favor of the Planning Commission's recommendation. Carried by unanimous vote. Absent: Pinson. The Planning Commission's recommendation TENTATIVE PARCEL MAP (M.O. GARNER), 2836 East 18 Street, be approved subject to five conditions was presented. Moved by Reid, seconded by Camacho, the Planning Commission's recommend4-0.on be approved. Carried by unanimous vote. Absent: Pinson. 7/20/76 145 The Planning Department Staff recommendation the City Council adopt a Resolution of INTENT TO VACATE A PORTION OF ELEVENTH STREET between the Easterly Right -of -Way line of Interstate Freeway 805 and the Westerly line of Paradise Drive was presented. Planning Director said the vacation was city initiated; if Council acts to adopt a Resolution ofejaapappoll. public hearing is set, the Planning Commission/will be presented at the time of the hearing. Moved by Dalla, seconded by Reid, in favor of Staff's recommendation. Carried by unanimous vote. Absent: Pinson. The Planning Commission Resolution No. 24-76, approving an application for CONDITIONAL USE PERMIT to allow the use of property located within the 3100 block of Highland Avenue, west side, for MINI -WAREHOUSE STORAGE and INDUSTRIAL -BUSINESS PARK COMBINATION within an FP, Flood Plain Zone (ATOMIC INVESTMENTS, INC.) was presented. Planning Director Gerschler said the action of the Planning Commission will be effective and final on July 21, 1976, unless appealed by the applicant or motion of the City Council. Ordered filed by unanimous vote. Absent: Pinson. COUNCIL COMMUNICATIONS COUNCILMAN DALLA inquired about a Traffic Safety Committee recommend- ation Mr. Hoffland had mentioned. Director of Public Works Hoffland said the Traffic Safety Committee had recommended a 4-way STOP sign at the intersection of Honeysuckle and Peach Blossom after receiving a petition requesting this be brought up. Moved by Reid, seconded by Dalla, in favor of the 4-way STOP. Carried by unanimous vote. Absent: Pinson. PUBLIC HEARING (Continued) Moved by Reid, seconded by Camacho, Item D be laid over until 7:45 p.m. next Tuesday. Mr. Christenson said it was almost impossible for him to be present and asked if there was any way Council could take action sooner. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Nays: None. Abstaining: Morgan. Absent: Pinson. Moved by Reid, seconded by Camacho, to continue the public hearing until 7:45 p.m. next week. Carried by unanimous vote. Absent: Pinson. COUNCIL COMMUNICATIONS (Continued) COUNCILMAN CAMACHO brought the matter of a BINGO ordinance to the floor. There was discussion regarding the County Ordinance the City Attorney had distributed and expression of general approval of the ordinance with changes to the hearing officer and the game limit. Moved by Reid, seconded by Camacho, the Mayor and City Council be the hearing officers in event of appeal. Carried by unanimous vote. Absent: Pinson. Moved by Camacho, seconded by Morgan, the prize be limited to no more than $100. There was discussion. JIM CATANZARITE, 2045 N Avenue, was present and spoke in favor of the $250 limit approved by the state. Motion carried by unanimous vote. Absent; Pinson. Moved by Reid, seconded by Dalla, the license fee be $100 and then $25 a year renewal for years thereafter. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: Morgan, Absent: Pinson. Moved by Camacho, seconded by Reid, the first reading of the Ordinance be by title only. Carried by unanimous vote. Absent: Pinson. Ordinance No. 7/20/76-1, "An Ordinance to Add Section 6.42 to the National City Municipal Code Regulating Bingo Games in the City of National City." Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. Absent: Pinson. The meeting closed at 8:30 p.m. 7/20/76 146 City lerk City of National City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of August 3, 1976, giNo corrections Corrections noted below May r City of National City, California 7/20/76