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HomeMy WebLinkAbout1987 08-25 CC MINBook 68/Page 228 8/25/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 2$, 1987 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Waters. ROLL CALL Council members present: Cooper, Dalia, Pruitt, VanDeventer, Waters. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Mc Cabe, followed with invocation by Father Lleva. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Cooper, the minutes of the regular meetings of August 11 and August 18, 1987 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS PUBLIC REQUEST/COMPLAINT CHARLES WILLIAMS, 1615 Palm Ave., was present and said he was going to send Council members a recording which he would like them to listen to; they have not heard the last of him. POST OFFICE WARREN NIELSON, 2108 Harrison Ave., San Diego, was present and displayed an improved drawing of the proposed Post Office parking in National City (deleting Mayor Waters' name), including the property Mayor Waters had suggested the Post Office purchase in order to increase parking. Mr. Nielson outlined his plan to reverse the flow of traffic, thereby adding ten additional parking spaces; if the additional property is acquired, 21 spaces would be added; the Post Office can proceed without Council's approval, but would rather not do so; he urged Council to consider this plan. SOLID WASTE MANAGEMENT ALEXANDER KREIGLOWA, 314 Division St., was present and requested a variance on the trash enclosure for his apartments; the trash area has a fence on one side and a building on the other, and he would like to install a fence where it faces the alley in lieu of the concrete block trash enclosure; by building gates across the area, the dumpsters would be out of sight and would make trash pick—up easier. Mr. Kreiglowa was advised to talk to Planning Director Post tomorrow morning. Mr. Post was requested to have someone from his staff look at this property and report back to Council. LOUISE ECKHART, National City Nutrition, was present and spoke of plans for a Rock—a—Thon in September for their "Over 80 Party", saying they need pledges to pay for the food; she has received pledges from all Council members except the Mayor. Mayor Waters made a $50 donation. PUBLIC HEARING REVENUE SHARING 1. SUBJECT: General Revenue Sharing Budget Hearing (General Revenue Sharing Funds subject to hearing procedures — $1,490,000). City Manager McCabe said the Notice of Hearing has been published in the newspaper and notices have been sent to the Senior Citizens' groups. RECOM MENDATION: Staff recommends that Council hold the hearing and receive public testimony, close out the G RS Program and direct the City Manager to incorporate into the final City Budget and close the hearing. TESTIMONY: City Manager McCabe said he thinks this is the last of the public hearings for close—out of General Revenue Sharing Funding; the funding listed is all we have received since the program ended, and reallocation of existing line items and accumulated interest; Council action tonight would be to allocate all of this residual to the support of municipal programs; he is suggesting it be personal services. Mayor Waters said we received a late Book 68/Page 229 8/25/87 request from Senior Citizens at Kimball Senior Citizens Club and the Casa De Salud Senior Citizens Club. Councilman VanDeventer said the total amount of their request is $5,800 and inquired if it could be taken out of regular City funding. ACTION: Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed and staff's recommendation be approved. Carried by unanimous vote. Moved by VanDeventer, seconded by Cooper, we give the City Manager direction to look into the needs of both Senior Citizen facilities and come back with a report including costs. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,403 through 15,407) Vice Mayor Cooper requested No. 4 (15,405) be considered separately. Moved by VanDeventer, seconded by Cooper, the Consent Resolutions (except No. 4) be adopted. Carried by unanimous vote. PERSONNEL 2. Resolution No. 15,403, "A RESOLUTION ESTABLISHING (SALARY) RANGE FOR THE NEW CLASSIFICATION OF FIRE PLATOON COMMANDER." Adopted. See above. PERSONNEL 3. Resolution No. 15,404, "A RESOLUTION ESTABLISHING SALARY BAND FOR THE NEW MID —MANAGEMENT CLASSIFICATION OF ASSISTANT TO THE FIRE CHIEF." Adopted. See above. HIGHWAY/FREEWAY 5. Resolution No. 15,406, "A RESOLUTION SUPPORTING IMPROVEMENT OF EXISTING FREEWAY SYSTEM BY CONSTRUCTION OF NEEDED NEW FREEWAYS AND PROVIDING ADEQUATE REVENUES FOR SUCH FREEWAY CONSTRUCTION." Adopted. See above. CONTRACT — ANIMAL CONTROL — BUDGET FY 6. Resolution No. 15,407, "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA PROVIDING FOR THE USE OF CHULA VISTA'S POUND FACILITIES AND SERVICES AND AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS." Adopted. See above. PARKING/TRAFFIC SIGNS 4. Resolution No. 15,405, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLATION OF 'NO PARKING ANY TIME TOW AWAY ZONE' SIGNS ON BOTH SIDES OF NATIONAL CITY BOULEVARD FROM THE SOUTHERLY END OF BROWN MOTORS VOLKSWAGEN SOUTHERLY DRIVEWAY, 3131 NATIONAL CITY BOULEVARD TO 400 FT. SOUTHERLY." Moved by Cooper, seconded by VanDeventer, Resolution No. 15,405 be adopted. Carried by unanimous vote. NEW BUSINESS FINANCE MGINIT 7. SUBJECT: WARRANT REGISTER NO. 7, dated August 18, 1987, Ratification of Demands in the amount of $59,859.63 (Warrants Nos. 97751 through 97827). RECOM MENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Cooper, seconded by VanDeventer, the bills be ratified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. WRITTEN COMMUNICATIONS TEMPORARY USE PERMIT 8. SUB JE CT: A letter from South Bay Cities Council Navy League of the United States requesting permission to hold their annual Naval Services Woman of the Year Contest (in conjunction with the Chamber of Commerce) on Wednesday, September 23, 1987 in the Kimball Community Bldg., with waiver of rental and custodial fees, and permission to serve alcoholic beverages (applicant will obtain ABC license prior to the event). RECOMMENDATION: None. Book 68/Page 230 8/25/87 ACTION: Moved by Cooper, seconded by VanDeventer, in favor of this request. Mayor Waters inquired why there was no recommendation by staff. Public Works Director Williams said there was a miscommunication between his office and the City Manager's office; his recommendation would be to approve and waive the fees per Council policy. City Attorney Eiser advised that a Certificate of Insurance and Hold Harmless Agreement should be required. Mr. Williams said this event would be covered under the Chamber of Commerce Insurance. Motion carried by unanimous vote. ZONE CHANGE — GENERAL PLAN CHANGE — MUNI CODE 9. SUBJECT: A letter from Stephen Kerch, President, KRD Development Resources regarding development plan (retail store for the sale of auto parts and accessories, full service auto wash with two gas islands and an oil and lube center) at the southeast corner of Plaza Blvd. & Euclid Ave. (GP-7- 86/ZC-9-86). RECOMMENDATION: None. TESTIM ONY: Stephen Kerch was present and said his development plan will be seriously jeopardized by the adoption of Ordinance No. 1925, which eliminates Use Group 16, identifying Conditional Use Permit commercial uses for the CG Zone. Mr. Kerch outlined the sequence of events from October, 1986 to the present with regard to his project (See Exhibit 'A' attached). Discussion re the feasibility of changing the provisions in the Ordinance which are hampering this project. ACTION: Moved by VanDeventer, seconded by Cooper, we bring back the portion of the Ordinance which affects the gas pumps as an accessory use to the car wash for reconsideration next week. Discussion re the possibility of putting the car wash on the front of the property. TESTIM ONY: Tony Reed was present and said the car wash is a 14' solid building and the businesses behind it would not be visible. ACTION: Motion carried by unanimous vote. TEMPORARY USE PERMIT 10. SUBJECT: A request from the San Diego Regional Employment and Training Consortium (RETC) for permission to hold a youth job fair in the Community Building on Thursday, August 27, from 8:30 a.m. to 2:30 p.m., with waiver of building rental fee, custodial fee and utilities fee; insurance coverage is through the City of San Diego and the County of San Diego. RECOM ME N D ATIO N: Staff recom mends that Council authorize use of the facilities and approve the request for waiver of fees. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this request. City Attorney Eiser inquired if this would be subject to the same policy regarding liability insurance and a Hold Harmless Agreement. Council advised Mr. Eiser it would be. Public Works Director Williams said he has the Hold Harmless Agreement. Motion carried by unanimous vote. OTHER BUSINESS CONDITIONAL USE PERMIT 11. SUBJECT: Notice of Decision — Planning Commission Resolution No. 29-87, approving Conditional Use Permit for the sale of alcohol as an incidental use to a restaurant at 1430 E. Plaza Blvd., Suite E-1; Applicant: Ramon Nava; Case File No. CUP-1987-12. RECOM M EN D ATIO N: The Planning Commission voted to approve the application; staff concurs with the action of the Planning Com mission and recommends that this Notice of Decision be filed. ACTION: Ordered filed by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. Book 68/Page 231 8/25/87 MAYOR — No report. CITY COUNCIL ZONING Councilman Dalla said a few weeks ago we considered the matter of zoning on 7th St., just off Palm; one of the Planning Commission recommendations was to pursue a rezoning of that area from multiple —family to single—family; the matter seems to have died. Moved by Dalla, seconded by VanDeventer, this item be placed on next week's agenda. Carried by the following vote, to —wit: Ayes: Dalla, Pruitt, Van Deventer, Waters. Nays: Cooper. BUDGET FY87-88 Councilman Pruitt said several weeks ago we authorized an expenditure to "National City/San Diego Says No to Drugs" as part of the Paradise Valley Foundation; it has come to his attention that the Paradise Valley Foundation did not receive payment for the full —page ad in the program. Administrative Assistant Garza said his understanding is that we had passed the deadline for submission of an ad and they offered to give us the ad free; the funds were authorized by Council for drug abuse services, to be targeted as much as possible toward National City; he believes the money went to the South Bay Drug Abuse Services. City Manager McCabe said Paradise Valley made the initial request; Council's direction was that the money should go to a more worthy use than an ad, and gave the City Manager's office discretion; his office determined that one of the organizations serviced much of National City and we made the donation to that organization. ADJOURNMENT Moved by VanDeventer, seconded by Cooper, the meeting be adjourned to 4:00 p.m., September 1, 1987. Carried by unanimous vote. The meeting closed at 8:13 p.m. CN L CITY CLER The foregoing minutes were approved at the regular meeting of September 1, 1987. Corrections No corrections CITY OF NATIONAL CITY, CALIFORNIA KRD DEVELOPING RESOU A Project Development Co. 3904 Groton Street, City of National City Mr. George Eiser, Counsel 1243 National City, CA., 92050-4397 RE: Development Plan Nos. GP-7-86/ZC-9-86 KRD Developing Resources/ City of National City Gentlemen: 1 San Diego, California 92110 (619T 2 -7200, Suite C 1 9 CITY MANAGER NATIONAL CITYAugust 19, 1987 Exhibit 'A' Book 68/Page 232 The above referenced development plan, being the subject matter of this letter, is soon to be seriously jeopardized by the recently enacted zoning ordinance No, 1925, which was passed and adopted on August 11, 1987. The intent of this communication is to address what I would consider my legitimate concerns, in writing, to each council member, so that we may not take up too much time at the next public council meeting, in which I would hope to have some response on your part. As a matter of review, you will recall that my company entered into an agreement with the City, for the purchase of the subject property, which lies behind the fee owned parcel fronting on Plaza Blvd. This purchase arrangement was initiated in October of '86, following the public bid process. Subsequently, planning suggested that I initiate a zone change from CL to CG, in order to accommodate the land use of the proposed development, which is to be a full service auto wash. This was approved by the planning commission in February of this year, and subsequently ratified by you as council March 10. 1987. As part of the approval process, (letter date 2/10/87 enclosed) I submitted a preliminary site plan, on file with the planning department, showing the intended uses of the property, and the reasons that a zone change was being asked for. That preliminary plan showed a 8,000 s.f. retail store building, for the sale of auto parts and accessories, a proposed food service pad, and the full service auto wash, with two gas islands to be built entirely on the subject property. With the provisio that no take-out food is allowed, within 300' of the residential neighborhood to the south, and that planning would refine the development through the CUP -PD permit, along with assurances on my part that restrictive measures for the cleanliness of the the tenancies would be enforced within the lease contracts, planning and council accepted the intended plan. To date I have refined this plan, which is now in the hands of the planning department; I have replaced the food take-out witli a CUP permitted land use, a use which is also being made obsolete by ordinance No. 1925, I have secured the asked for studies, i.e traffic, hydrology, noise, and additionally I have completed for the City, at my cost, a legal description for the property under contract. I 'm prohibited from closing the existing escrow as to the purchase of the property, since we have yet to hear from the county as to the acceptance of this Record of Survey, describing the Cities property. Having been given no notice from the City, as to the contemplation, and passage of the new zone ordinance No. 1925, which effectively stops my development plans, and negates my signed lease contracts, I am certainly concerned as to what your individual and collective response is. The effect of this ordinance takes away the accessory uses of Group 16, now permitted in the CG zone, specifically the accessory sale of gasoline, an integral part of the auto wash, and the oil and lube center which is the sole business of the third tenancy. I would hope that you as council will enact some form of exclusion, due to the matters herein set forth, and allow this development to proceed on its course. Book 68/Page 233 C Respectfully, KRD Developing •es• 'ces erc - •resi•ent cc: all council members George Eiser - City Attorney encl;